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(영문) 대전지방법원 2018.02.09 2017고정1590
강제추행
Text

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

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

Reasons

Punishment of the crime

On July 16, 2017, from around 21:30 to around 22:00, the Defendant committed an indecent act by force on the part of the Defendant, by inserting more hours of service from the “Csing room” located on the 3rd floor of Daejeon Pungdong B, and by making the victim D (Wing, 16 years of age, and family name) who is a customer with a singingter, who had been a stringter, by inserting the hours of service, and committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense and Article 298 of the Criminal Act concerning the option of punishment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive in regard to the facts constituting a crime on which the personal information is registered under Article 334(1) of the Criminal Procedure Act, 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 to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, 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 that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged that the defendant does not issue an order of disclosure or notification to the defendant.

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