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(영문) 대구지방법원 포항지원 2019.07.10 2019고단624

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 03:00 on April 14, 2019, the Defendant found the victim DNA (53 years old) who was mixed in the studs shock shock in the atmosphere room while drinking the mixed alcoholic beverage at the singing shop located in the north-gu B at the port of North Korea, and committed an indecent act by force on both chests of the victim with the studs of the victim on one occasion through the studs.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes of E;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to the competent agency

In light of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, motive for the instant crime, method and consequence of the instant crime, disclosure order, notification order and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, it is determined that there are special circumstances that the Defendant shall not disclose and notify personal information or restrict the employment of children and juveniles-related institutions, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.