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(영문) 대구지방법원 2016.04.26 2015고단4980
강제추행
Text

1. The defendant shall be punished by a fine of 2,500,000 won;

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

Reasons

Punishment of the crime

On July 24, 2015, at around 10:00, the Defendant committed an indecent act by force on the part of the victim E (n, 44 years old) who works for public work in the D cafeteria located in Daegu-gu, Daegu-gu, about 100.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Articles 70 and 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. Where a judgment on 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 under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, 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 that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Reasons for sentencing - Reasons for favorable circumstances: No criminal punishment other than a fine due to a crime of reflectivity, sex, health condition, home environment, motive, means, consequence, etc. of the crime of this case - Other factors of sentencing specified in the records of this case, such as the defendant's age, sex, health condition, home environment, motive, means, consequence, etc., shall be taken into account.

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