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(영문) 대구지방법원 김천지원 2014.04.30 2014고단144

준강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 26, 2014, at around 05:40 on January 26, 2014, the Defendant: (a) directed the victim D (the age of 17) who was locked on the sofa, in the rest room of the 3rd floor of “Csari” located in Gumi-si B, to report on the sofa and commit an indecent act; (b) put the left hand under the sofabbbbbbs inside the victim’s inner part, and rhum the victim’s left side into the part of the victim’s part.

Ultimately, the Defendant committed an indecent act against the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides for the punishment like the order in consideration of the following: (a) details and degree of indecent act by compulsion on the grounds of sentencing, and the victim’s wishing to punish the defendant; (b) the defendant’s liability is not exceptionally against his or her criminal intent; and (c) the defendant’s act

Where a conviction becomes final and conclusive on the criminal facts of this case, which are sexual crimes of the defendant who shall submit personal information, the defendant is a person subject to registration of personal information pursuant to 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 competent police

However, an order to disclose or notify the registered information needs to be careful and prudent as it may seriously interfere with the rehabilitation of the defendant. In this case, the order to disclose or notify the registered information is not issued on the ground that the registration of personal information alone is deemed to prevent recidivism of the defendant and that there are special circumstances that may not disclose the personal information, such as where it appears that the registration of personal information will prevent sexual crimes.