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(영문) 대전지방법원 서산지원 2014.11.28 2014고단910

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 18:20 on September 18, 2014, the Defendant committed an indecent act by forcing the victim by inserting singing together with the victim D (at the age of 27 years) who became aware of the past workplace rent at C K K singing room located in Seocho-si B, Seosan-si, with no justifiable reason, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Selection of a fine for selective punishment (the defendant reflects his/her fault in depth and smoothly agreed with the victim around October 2014, and the defendant has no previous conviction except for a fine of KRW 700,000 due to a crime of injury by negligence on July 2009; the defendant's age, economic form, relationship with the victim, etc.);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 is obligated to submit personal information to the competent agency pursuant to

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree of disadvantage and side effect of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc.