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(영문) 대구지방법원 상주지원 2019.08.13 2019고단158

강제추행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 11, 2019, around 11:28, the Defendant committed an indecent act by force against the victim by inserting his hand on the part of the victim’s sound book, which was selbly selblingly cut off his body with the victim, and then inserting his hand on the part of the victim’s sound book, which was selly cut off his body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements of victims;

1. Article 298 of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment (including the fact that an error is reflected, the exercise of tangible power is significantly weak, the agreed fact, and the primary charge);

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant

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