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(영문) 대구지방법원 2019.07.09 2018고단5485

강제추행

Text

Defendant shall be punished by a fine of 6 million won.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 16, 2018, around 03:26, the Defendant, while dancing at the “C” located in Junggu Daegu-gu, Daegu-gu (BAR), and met the victim’s own floor and damages, etc., with the right arms, side gate 23 years old, buckbucks, etc., of the victim D (n, 23 years old), which were adjacent to the victim, and the victim avoided this, and led the victim to move the victim’s left knick, one time the victim’s left knick.

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

Summary of Evidence

1. Statements by the defendant in court ( those on the fifth trial date);

1. Each legal statement of witness D, E, and F;

1. Application of Acts and subordinate statutes to each written statement, D, E, and G;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that should be registered and submitted with personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to a competent agency

An order to disclose or notify the accused, the age, occupation, risk of repeating a crime, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage suffered by the accused due to an order to disclose or notify, and the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the protection of the victim, etc. shall be comprehensively taken into account in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, and the proviso to Article 59-3(1) of the Act on Welfare of Disabled Persons.