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(영문) 대구지방법원 서부지원 2021.01.19 2020고정405
강제추행
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant, from around 17:00 on March 2, 2020 to around 17:30 on the same day, committed an indecent act against the victim’s will against the victim’s will in the elevator of the “C” company located in Seogu Seo-gu, Daegu-gu (Seoul) only twice.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to D;

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

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. If a conviction on the crime committed in the judgment of the court below, which stated that Article 334(1) of the Criminal Procedure Act should be registered and submitted, 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 the head of a related agency in accordance with Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the foregoing order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances in which the Defendant’s personal information should not be disclosed or notified, or his/her employment should not be restricted.

The decision is judged.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) proviso; Article 50(1) proviso; Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso of the Act on Welfare of Persons with Disabilities does not sentence each of the above orders to the defendant.

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