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(영문) 전주지방법원 정읍지원 2014.09.16 2014고단195
강제추행
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is the head of a restaurant station in Go Chang-gun D.

1. On October 2013, the Defendant forced the victim to commit an indecent act by inducing the victim to follow the victim while working together with the victim F (n, 50 years of age) who is a principal assistant in the above police officer.

2. The Defendant, in the middle of the same month, committed an indecent act by force on the part of the victim in the manner as described in the above 1.1.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution;

1. Legal statement of witness F;

1. Each legal statement of witness G, H and I;

1. The investigation report (Attachment of photographs);

1. Application of investigation reports (to make statements in telephone conversations by a labor inspector of the Labor Agency)-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

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 to be achieved therefrom, prevention and effect of sexual crimes subject to registration, protection of victims, etc., the Defendant’s order to disclose personal information 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 is determined to be a special circumstance that may not disclose personal information. Thus, the Defendant’s order to disclose or notify the information is issued.

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