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(영문) 대구지방법원 의성지원 2021.03.25 2020고단399

강제추행

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

The victim B(n, 27 years of age) is a person who works in the OOOO golf course in the Gyeong-gun of Seongbuk-do and the defendant is a person who uses the above golf course as a guest.

The Defendant, around 12:00 on May 13, 2020, committed an indecent act by force against the victim by flaging the victim’s hand floor with the end of the hand while the victim and the flag were in bad faith.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of laws and regulations on police statements made to B, D, and E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment that requires the registration of personal information and the submission of such information under Article 334(1) of the Criminal Procedure Act, 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 thus, he/she shall submit personal information to the competent agency pursuant to Article 43

The exemption of the disclosure order and notification order does not have the same criminal record for the defendant, the registration of personal information for the defendant, the completion of sexual assault treatment program and the employment restriction order can have considerable effects on the prevention of recidivism.

In addition, considering the defendant's age, environment, family relationship, social relationship, disclosure order, side effects, etc. that the defendant's personal information may not be disclosed or notified, there are special circumstances where the defendant's personal information may not be disclosed or notified.

The decision is judged.

Therefore, the Act on Special Cases Concerning the Punishment of Sexual Crimes.