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(영문) 대구지방법원 2019.07.09 2019고단1719
강제추행
Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 01:00 on November 27, 2018, the Defendant, along with the members of the said golf conference including the victim B (n, 35 years of age), committed indecent acts by force against the victim by putting the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complainant and the police statement concerning B;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that should be registered and submitted with personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to a competent agency

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), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following factors: (a) an order to disclose or notify the accused; (b) the age, occupation, risk of recidivism; (c) the type, motive, process, seriousness of the crime in this case; and (d) the degree of disadvantage the accused was put in and the effect of the order to disclose or notify; and (d) the effect of protecting the victims thereof.

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