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(영문) 대전지방법원 2014.08.27 2014고단2002
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

1. On September 25, 2013, around 23:00, the Defendant, while working and drinking at “Dju” located in Seo-gu Daejeon, Seo-gu, Daejeon, he was seated behind the victim E (the 25-year old-old) who drinks alcoholic beverages on the table table on his own side, and was able to do so on his hand, and the Defendant forced the victim to commit an indecent act by force.

2. The Defendant, at the same time and place as set forth in Paragraph 1, committed an indecent act by force against the victim F (n, 25 years of age), who is in front of the calculation unit, followed by the victim, who was in front of the calculation unit, and the victim's back to the victim, who was in front of the victim, was in his hands, and was only in use below the victim's et al. at a time and place as set forth in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a judgment becomes final and conclusive to submit personal information in consideration of the same kind of reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 obliged to submit personal information to the head of the competent police office in accordance with Article 43 of the aforesaid Act.

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victim.

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