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(영문) 대전지방법원 천안지원 2016.06.17 2016고단513

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 July 28, 2015, the Defendant committed an indecent act for about 20 minutes by forcing the victim to enter a human resources office operated by the victim C (n, 64 years of age) in Asan City B on July 19:10, 2015, such as forcing the victim to use “dial dials in Korea”, and trying to sustain the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

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

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: (a) the reason for sentencing appears to have been suffered a considerable mental suffering; (b) the victim has no same record; (c) the time to commit a crime; and (d) the victim reflects the wrongness; and (c) the victim does not want the punishment upon agreement with the victim; and (d) the defendant who registered personal information of this case constitutes 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; (b) the defendant is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the disclosure order and notification order against the defendant.