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(영문) 대구지방법원 서부지원 2015.04.23 2015고단109
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 11, 2014, around 16:00, the Defendant committed an indecent act by force against the victim E (or 50 years old) at a factory located in Daegu-gun C, by making it difficult for the victim to use the upper part of the victim's chest by his own hand as follows, and only once the chest was delivered to him.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act and the choice of a fine for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case on the ground of sentencing of the Defendant and the victim was contingent in the course of the instant crime, and the extent of the indecent act was minor, the victim was unable to punish the Defendant by mutual consent with the victim, the Defendant was the first offender, and the Defendant is in profoundly against himself while making a confession of the crime, and other conditions of sentencing as indicated in the instant pleadings, such as the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered and sentenced to punishment as ordered.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, 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 effect of protecting the victims, etc.

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