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(영문) 대구지방법원 포항지원 2018.01.18 2017고단1279

강제추행

Text

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

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

Reasons

Punishment of the crime

At around 13:00 on June 12, 2017, the Defendant: (a) obstructed the victim D (the 48-year old-old)’s “E house” in North Korea-gu, North Korea-gu; (b) obstructed the victim’s chest to use the victim’s chest with his/her hand, etc. and forced the victim to use the victim’s chest with his/her hand when he/she gets the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

Since it is determined, where a conviction becomes final and conclusive on the criminal facts stated in the judgment that the defendant should register and submit new information, the defendant constitutes 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, Article 43 of the same Act is applicable.