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(영문) 대구지방법원 안동지원 2014.09.26 2014고단500
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2014, at around 00:40 on May 29, 2014, the Defendant: (a) reported the victim D (n, 24 years of age) who was under the influence of alcohol on the street in the front C in Ansan-si B; and (b) took the female back to the knife, she forced her to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of fines (i.e., the appearance of a white and reflect attitude, and the absence of any history of criminal punishment);

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose or notify the information.

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