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(영문) 광주지방법원 2014.12.17 2014고단4209

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 1, 2014, the Defendant, around 19:15, committed an indecent act on the part of the victim with his/her own son / her son / her her son / her her her son / her her son / her her her son / her her son / her her son / her her son her son / her her son her

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. The application of the statutes to the effect that the Defendant was in a state or did not have the ability to discern things under the influence of alcohol at the time when the Defendant committed the instant crime, i.e., the victim’s tam, such as criminal facts, although the Defendant asserted that the Defendant was not aware of his/her memory under the influence of alcohol, and does not seem to have been in a state or did not have the ability to discern things at the time of the instant crime.).

1. Article 298 of the Criminal Act applicable to the crimes;

1. Optional fine;

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

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the accused is 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 the accused is obligated to submit personal information

In light of the Defendant’s age, record of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect on the protection of the victim, etc., it is determined that there are special circumstances where personal information may not be disclosed or notified. As such, Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc