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(영문) 대전지방법원 천안지원 2016.10.21 2016고단1527

강제추행

Text

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

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

Reasons

Punishment of the crime

On June 26, 2016, at around 04:13, the Defendant: (a) discovered the victim F (one, seven years of age) who booms in front of the “Enoman bank” located in Asan City D while under the influence of alcohol; (b) opened his right side bucks and the victim’s left side bucks so that the victim’s left side bucks and bucks can be contacted; and (c) committed indecent act by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive with respect to the facts constituting an offense subject to the registration of personal information in light of the fact that there is no same record of sentencing under Article 334(1) of the Criminal Procedure Act, there is no criminal punishment exceeding a fine, and the degree of indecent act, etc., the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to obligation to submit personal information to the competent authority pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be achieved by an order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.