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(영문) 창원지방법원 2016.06.30 2016고단1277

강제추행

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On April 9, 2016, the Defendant: (a) at the Esing room operated by the victim D (Woo, 47 years of age) in Kimhae-si on April 22, 2016, the Defendant committed an indecent act on the part of the victim, who was waiting to sit in the room, by Dacing the victim into two hands and knife two hands and knife the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16(2) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, comprehensively taking into account the following: (a) details and method of committing the crime of sentencing; (b) degree of prosecution; and (c) the first offender, etc., the sentence identical to the order was determined.

Where this judgment becomes final and conclusive, the defendant becomes 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 is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.