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(영문) 대구지방법원 김천지원 2015.05.13 2015고단255
준강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On March 1, 2015, at around 04:30 on March 1, 2015, the Defendant met with the victim E (V, 21 years old) who d3rd floor located in Kimcheon-si, Kimcheon-si, by hand, set up a so set of d3rd floor so far as to be locked to the Antarctic Hall.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) 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. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (2) it is difficult to conclude that the accused is highly likely to repeat a sex crime or has a habitive wall of a sexual crime in light of the motive and background of the crime in this case; (3) the accused's mistake is divided and against himself/herself; and (4) the victim's family and social relative relationship seems relatively clear; (4) the accused's wife and two children are likely to support the accused; and (4) the risk of enhancing the Defendant's social adaptation by hindering the Defendant's social adaptation by imposing the disclosure order and notification order may have adverse impact on the Defendant's family life.

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