beta
(영문) 대구지방법원 2016.12.06 2016고단5265

강제추행

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On August 14, 2016, around 06:00, the Defendant discovered the victim D (n, 18 years of age) coming from drinking in Daegu, and her desire to do so. On August 14, 2016, the Defendant got a negative part of the victim by a sudden hand with the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of photographic Acts and subordinate statutes after closure;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 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 judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 related agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

- Reasons for sentencing - Contrary to the nature of the defendant, the victim's non-conformity with the punishment, and the absence of the record of criminal punishment (the fact that the juvenile protection disposition or suspension of indictment is imposed) - Other various sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct, health conditions, home environment, motive, means, results,