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(영문) 대구지방법원 포항지원 2019.10.02 2019고단881
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 03:00 on February 9, 2019, the Defendant committed an indecent act by force by holding the victim’s right chest only once by holding the victim’s knife at the “C” singing shop located in Northern-gu B at the port of port and in combination with the victim D (n, 44 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a fine (such as the fact that the defendant has no record of punishment for the same crime, the fact that the defendant recognizes mistake, and the fact that he/she has agreed with the victim);

1. Articles 70 (1) 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 the crime indicated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to the competent agency

In light of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, motive for committing the instant crime, method and result of the instant crime, disclosure order, notification order and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances under which personal information shall not be disclosed or notified or the employment of the child or juvenile-related institutions, etc. shall not be restricted. Thus, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(

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