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(영문) 대전지방법원 2018.02.06 2017고단2414
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 18, 2017, the Defendant reported that the victim D (V, 22 years old, and Ga name) who was going to go to the hotel events through a human resources company operated by the Defendant reported a batization that does not fit the event’s uniforms, and then was kept in the waiting room.

During the right to see and see the victim's left side, the victim's indecent act was committed on one occasion with his/her own hand.

Summary of Evidence

1. Witness D and E each legal testimony;

1. Application of Acts and subordinate statutes in which statements made by the police concerning D are entered;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334(1) of the Criminal Procedure Act provides that “If the registration of personal information and conviction against a defendant who shall be submitted is finalized, the defendant shall be 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 shall be obliged to submit personal information to the head of the competent police office in accordance with Article 43 of the same Act.”

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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