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(영문) 대구지방법원 2015.11.24 2015고단3917
준강제추행
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

The Defendant, around 19:00 on June 6, 2015, after completing other regular performances of the Dong-gu Daegu Dong-gu G, “H” and then drinking alcohol with members of the club at a restaurant located in the Taebong-gu, Daegu-gu, Daegu-gu.

On June 7, 2015, the Defendant: (a) was a member of the above club that was set up in the parking lot in front of the practice room in Jung-gu, Daegu, 000, and was a member of the above club, and (b) passed around the car of the victim J (29 years old) who was a member of the club, the Defendant opened a door by reporting that the victim was able to sit and sit on the driver's seat; (c) the victim was knee and knee, and (d) the victim was knee and kne, and knee of the victim.

As above, the Defendant committed an indecent act against the victim by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on the statement by police to J, K, L, M, N, andO;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment (abstinence, non-existence of the punishment of a victim, and no previous offense);

1. Articles 70 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 judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 a related agency pursuant to Article 43

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance 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, and the effect of protecting the victims, etc., 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.

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