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(영문) 대구지방법원 포항지원 2018.06.07 2018고단72
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On December 22, 2017, around 23:40 on December 22, 2017, the Defendant: (a) was a victim E (V, 24 years old) who was a driver of the Defendant’s line in front of the main point of “D” located in Nam-gu, Nam-gu, Seoul; (b) was unable to properly hold the Defendant’s body under the influence of alcohol, and (c) was frightened with the victim’s chest’s son’s chest on the rear side.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on the CCTV closure screen;

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. 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 registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and consequence of a crime, seriousness of a crime, anticipated side effects and expected side effects that the Defendant may suffer due to an order of disclosure or notification, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso 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) proviso to the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

The decision is judged.

Therefore, the defendant is not sentenced to disclosure order or notification order.

The contents and results of the indecent act against the fee that was drunk for the reason of sentencing.

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