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(영문) 창원지방법원 2016.06.28 2016고단981

강제추행

Text

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

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The Defendant, around 00:07 on March 5, 2016, 00:07, was seated on the side table, and was under drinking together with her husband while drinking alcohol at a cafeteria of “D” building in Kimhae-si.

The victim E(n, 33 years of age) who was completely unaware of, and her her son's her son was forced to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a selective fine for punishment (the reflection of and agreement on the punishment, and considering the fact that there exists no record of criminal punishment in addition to one time a fine for the crime of this type);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a judgment on the registration of personal information under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the accused shall be a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obligated to submit personal information to the head of a police agency having jurisdiction over his/her domicile pursuant to Article

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.