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(영문) 대전지방법원 2013.07.12 2013고정394
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 19, 2012, around 19:20 on December 19, 2012, the Defendant, while drinking alcohol in the D cafeteria located in Daejeon-gu Daejeon-gu, Daejeon-gu, and the Defendant, an employee E (hereinafter the age of 18) was seated in the Defendant’s side and was placed in the order, and was forced to commit an indecent act on the part of the victim by her son and her son.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of E recorded in the police recording CDs with respect to E;

1. Application of the law to the result of the verification by this Court

1. Article 298 of the Criminal Act and Article 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. Where a judgment becomes final and conclusive to submit personal information under Article 334 (1) of the Criminal Procedure Act with regard to a provisional payment order, the defendant is a person subject to registration of personal information pursuant to 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 head of the competent police office

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

In principle, a court shall impose an order to complete a program on a defendant who has committed a sexual crime regarding the imposition of an order to complete a program, so long as the defendant is convicted of a fine (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the instant summary order, the defendant did not impose an order to complete a program on the defendant, and the defendant requested a formal trial only, the court shall impose an order to complete a program in accordance with

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