beta
(영문) 대전지방법원 천안지원 2015.01.23 2014고단1658

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On February 23, 2014, around 03:10, the Defendant discovered the victim E (here, 25 years old) who had danced in the “D” located in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-si, and made an indecent act by force against the victim by deceiving the right chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of F's self-culbing legislation;

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

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

1. The extent of an indecent act on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is not minor: Provided, That the same shall apply to the punishment as the disposition of a fine, taking into consideration the fact that no separate tangible force is exercised, there is no agreement with the victim, the crime committed by contingency under the influence of alcohol, and the fact that the defendant has no previous conviction.

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, 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 is obligated to submit personal information to the head

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.