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(영문) 대구지방법원 서부지원 2018.11.08 2018고단188

강제추행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B (n, 18 years of age) are as between the defendant and the victim C through C.

On October 24, 2017, the Defendant, at around 09:10 on October 24, 2017, carried out a mobile phone by putting the victim on the floor along with the victim’s studio in Daegu-gu, Daegu-gu, and then took the victim’s boom, took the victim’s cell phone from the victim’s cell phone, and took the victim’s boom at a close level to the left part of the victim’s face.

In this regard, the victim is "Isle"

Although the defendant expressed his intention to refuse it, he continued to do the above action, and attempted to have the victim kisck kis.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the police officers of the accused;

1. Stenographic records;

1. Report of investigation (report on the contents of statement by victim telephone);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under the main sentence of 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 43 of the same Act.

In full view of the defendant's age, occupation, family environment, social relationship, criminal record and recidivism risk, benefits and preventive effects expected by an order of disclosure or notification or an employment restriction order, disadvantage and side effects resulting therefrom, etc. of the defendant exempted from an employment restriction order, the disclosure of personal information or the employment of the juvenile-related institution, etc. shall not be disclosed or restricted.