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(영문) 대구지방법원 2018.04.27 2018고정245

강제추행

Text

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

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

Reasons

Punishment of the crime

On January 7, 2018, at around 00:55, the Defendant committed an indecent act by force against victims D (V, 21 years of age) who operate a computer for the commencement of games, and committed an indecent act by force against the victim D (V, 21 years of age) who operated the computer for the commencement of games.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on closure photographs;

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. Where a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act

No order for disclosure or notification to the accused shall be issued pursuant to Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification of personal information, or the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage to the defendant's disadvantage and the preventive effect of sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim.