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(영문) 대전지방법원 서산지원 2014.03.28 2013고단949
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 04:50 on October 27, 2013, the Defendant committed an indecent act by force against the victim D (the age of 16) by inserting a hand into the victim D (the age of 16) who was in his/her seat at Crari or fourth water room located in Seosan-si B, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Selection of each alternative fine for punishment (including the fact that the person has agreed with the victim smoothly, the fact that the person has no previous record for the same kind of punishment, and the fact that the person has seriously reflected therein);

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.

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