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(영문) 대구지방법원 경주지원 2015.05.27 2014고단715
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 20, 2014, around 19:00, the Defendant discovered the victim E (inns, 34 years of age) in front of the D apartment in front of the Do apartment, took the victim into mind by forcing the victim to commit an indecent act, and followed the victim before the same head of the Dong, which is the victim’s residence, and stored the victim’s own hand in the body of the victim, and led the victim to commit an indecent act by force.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on internal investigation reports (to secure photographs ofCCTV suspect), and on internal investigation reports (to specify the suspect);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 defendant against a sex offense subject to 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 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 a related agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified.

Although the nature of the crime of this case is very poor, the confession of the crime is made.

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