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(영문) 대구지방법원 2019.03.28 2019고단213
강제추행
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant and the victim B (one, half, and sixty-two years of age) are members of the “C,” and they became aware of the same as members of the said mountain conference on October 21, 2018.

On October 21, 2018, the Defendant: (a) around 17:30, on the D Tourist Bus that was traveling along the Daejeon-Yeong-Yeung Highway in Daejeon-dong, Daejeon-dong; (b) had dancing on the passage in the above bus along with the members of the said mountain conference, including the victim; (c) had the victim met with his own hand; and (d) committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition filed by B (tentative)

1. The statement statement of the police officer B;

1. Each statement of E and F;

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

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

Article 47(1) and Article 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 shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the Defendant was placed and the effect of preventing sexual crimes subject to registration that may be achieved due to the disclosure order or notification order, the effect of protecting the victims thereof, etc.

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