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(영문) 대전지방법원 2020.03.20 2019고단5115
강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 15, 2019, the Defendant: (a) around 05:0 on September 15, 2019, around Seo-gu Daejeon, and around the sixth floor “C” clubs (n, 24 years of age) with danced by the victim D (n, 24 years of age) with the victim’s own hand, became her her straw.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the first offender, the defendant's mistake is recognized and reflected, the victim does not want the punishment against the defendant by mutual consent with the victim, and all other circumstances revealed in pleadings, such as the defendant's age, character and conduct, motive of the crime, circumstances after the crime, etc., shall be determined as the same as the order.

Where a conviction of a defendant against a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information 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 personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process, seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved by the Defendant due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration that may be achieved thereby, and the effect of protecting the victims, etc., the Defendant is subject to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children

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