beta
(영문) 대구지방법원 상주지원 2017.08.18 2017고단272

강제추행

Text

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

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

Reasons

Punishment of the crime

피고인은 2017. 6. 18. 21:30 경 상주시 C에 있는 D 편의점에서 그곳 종업원인 피해자 E( 여, 27세 )에게 담배를 주문한 후 담배를 가지러 진열대 쪽으로 걸어가는 피해자의 엉덩이 부위를 오른손으로 1회 툭 치듯이 만져 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on internal investigation reports (No. 5 No. 5 of the evidence list);

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 judged, no order shall be issued to disclose or notify the defendant.

Where a conviction becomes final and conclusive on the criminal facts stated in the ruling to register and submit new information, the defendant is 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 such person shall submit personal information to the competent agency in accordance with Article 43 of the same Act.