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(영문) 대전지방법원 서산지원 2014.08.29 2014고단450
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2014. 3. 28. 21:00경 서산시 E에 있는 'F' 식당에서 쟁반을 들고 음식을 나르던 위 식당 종업원인 피해자 G(여, 39세)의 성기 부분을 손에 들고 있던 나무젓가락으로 2회 쿡쿡 찌르며 "지퍼를 내리고 다니냐"라고 말하여 그녀를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness G and H’s respective statutory statements;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine (the defendant has no previous conviction in the same way, and no previous conviction exists in addition to the punishment of a fine imposed on November 1, 1994 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the age of the defendant);

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 becomes final and conclusive on the facts constituting an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, order to disclose or notify personal information, the degree of disadvantage and anticipated side effects to be achieved by such order, the preventive effect and effect of a sexual crime subject to registration, and the effect of protecting the victims thereof, etc., the Defendant shall be ordered to disclose or notify personal information pursuant to 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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