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(영문) 대전지방법원 2018.09.14 2018고정354
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a space between the victim C (nive, life) and the first view.

On January 14, 2018, the Defendant committed an indecent act by force on the part of the victim, by making soup, within the natural yellow view of E Ma in Daejeon-gu, Daejeon-gu, Daejeon-gu, and the third floor of soup.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of laws and regulations to the witness C (tentatively named)’s legal statement, witness F, and G’s respective legal statement (the victim’s statement does not appear to be consistent, specific, and otherwise false, and credibility is recognized in light of the victim’s attitude of the statement in this court, F, and G’s respective statements in this court)

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 has no record of being punished for sexual crimes, and the Defendant is anticipated to have no record of being punished for sexual crimes, and the Defendant’s personal information registration and the completion of a sexual assault treatment program are anticipated to have an effect to prevent recidivism, there are special circumstances that may not disclose or notify the Defendant’s personal information

The reason for sentencing is that it is difficult for the defendant to understand and deny his responsibility, and the fact that the victim wants to punish the defendant and did not complete recovery from damage, etc. are considered disadvantageously. In addition, the arguments in this case, such as the environment of the defendant, motive, means and result of the crime, and the situation after the crime, etc., are revealed.

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