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(영문) 전주지방법원 군산지원 2014.10.01 2014고단340

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

On January 1, 2014, at around 01:15, the Defendant committed an indecent act by force against the victim, on the part of the victim E (at the age of 29) at the Dial Club in the Gunsan-si C, when the victim E (at the age of 29) is dancing together with his/her daily behaviors.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to witness E and F’s legal statement (which is sufficient to recognize the credibility of each statement in light of the degree of attitude toward making the statement, the detailed contents of the situation at the time of committing the crime, the relationship with the defendant, the consistency of the statement, etc.);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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;

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is subject to the registration and submission of personal information under Article 186(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 obliged to submit personal information

Considering the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is determined to have any special circumstance that may not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.