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(영문) 대구지방법원 2014.04.17 2013고단6101
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 26, 2013, at around 12:50, the Defendant: (a) committed an indecent act against the victim C (influence, 43 years of age) who was walking on the front side of the “Dongnam-gu Agricultural Village” located in Daegu Dong-gu, Daegu-gu, Seoul-gu, with the view to forcing the victim to commit an indecent act against the victim, and (b) committed an indecent act against the victim by forcing the victim to commit an indecent act against the victim’s chest.

Summary of Evidence

1. Each legal statement of C and D;

1. Statement of prosecutorial statement concerning C;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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 a conviction of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 the personal information of the Defendant to the head of the competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's chest is the victim's chest in light of the reasons for sentencing and all the evidence.

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