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(영문) 대구지방법원 서부지원 2018.01.11 2017고단1703
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 12, 2017, the Defendant: (a) around 21:30, the victim E (at the age of 47) in Seo-gu, Seo-gu, Daegu; (b) was under the influence of the Victim E (at the age of 47); (c) the Defendant, while drinking alcohol together with one-way, intended the victim to commit an indecent act against the victim on another table; (d) the victim was under the victim’s clothes; (e) the victim was under the victim’s care; (e) the victim was under the victim’s clothes; (e) the victim was under the victim’s care; and (e) the victim was under the influence of the victim on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the investigative report (list 5 of evidence);

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

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. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that the defendant should register and submit personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant becomes 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 light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which personal information may not be disclosed or notified.

Therefore, in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and 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, the defendant may not be ordered to disclose or notify to the public.

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