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(영문) 광주지방법원 2014.02.14 2013고단6352
준강제추행
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From 00:00 to 02:00 on November 7, 2013, the Defendant: (a) was under the influence of alcohol in the Defendant’s BMW car located in the Party E located in Gwangju Seo-gu; (b) was under the influence of a victim F (n. 24 years of age) who was under the influence of alcohol in the Defendant’s BMW car; (c) was exempted from both horses; (d) was cut off from the victim’s clothes; and (e) the victim was under the victim’s clothes; and (e) took the victim’s breast part into the victim’s clothes, and committed an indecent act against the victim by taking advantage of the victim

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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. Where the conviction of the Defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information 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 relevant agency pursuant to Article 43

However, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the fact that the defendant has no criminal power for the same crime, the violation of the crime in this case, and the agreement with the victim, etc., the disclosure notification of registered information is not ordered.

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