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(영문) 광주지방법원 2016.08.19 2016고단2211

강제추행

Text

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

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

Reasons

Punishment of the crime

On May 8, 2016, at around 02:0, the Defendant: (a) committed an indecent act against the victim D (the 33 years of age) who is an employee of the Defendant’s restaurant in Nam-gu, Nam-gu, Gwangju; (b) committed an indecent act against the victim while walking together; (c) kidd the victim with his own arms, kid the victim’s chest with his own arms, and kid the victim’s chest with his left hand; and (d) brought the victim’s injury to the victim.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Application of the Acts and subordinate statutes in which statements made by the police are recorded against victims;

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;

1. If a judgment of conviction on a sex crime subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.

The degree of indecent act on the reason of sentencing is the same.