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(영문) 대구지방법원 서부지원 2015.08.20 2015고단893
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 April 26, 2015, at around 11:50, the Defendant: (a) reported the victim D (Woo, 48 years of age)’s plastic paper, which was on the floor of the sperm, to be honded with hosa in order to take a house in order to take a house in the plastic paper where the victim D (Woo) was on the floor of the sperm; and (b) pushed the victim’s body with both hands, and then, (c) led the Defendant’s sexual organ back to and from the victim’s her arm’s length. Indecent act by force, the Defendant forced the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense, the choice of punishment under Article 298 of the Criminal Act, the selection of a fine (indecent act by compulsion), the selection of a fine (the confession of a crime, the depth of the mistake, and the deposition of the victim's damage compensation amounting to KRW 5,00,000, etc.);

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

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In full view of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the protection effect of the victim, etc., the disclosure of personal information is determined in accordance with 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 and Juveniles against Sexual Abuse.

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