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(영문) 대구지방법원 포항지원 2017.01.12 2016고단1461
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around 01:40 on July 8, 2016, from the main point operated by the Victim C (Woo, 44 years old) located in the Northern-gu B (Woo) on July 8, 2016, due to the use by his mother on the side of the main point, and the Defendant, in the process of protesting against this, he neglected his horse, and entered a room with a sprink within the main point.

At around 02:20 on the same day, the victim made an indecent act by force against the victim by reporting and forcing him/her to commit an indecent act. At around 02:20 on the same day, he/she made the victim's indecent act by inserting his/her hand into the victim's knee and rhum on the left side.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Article 298 of the Criminal Act and the choice of fines concerning the relevant criminal facts;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Where the registration of personal information and the conviction of the facts constituting a sex crime subject to registration becomes final and conclusive, considering the various sentencing factors indicated in the record, such as Defendant age, sex behavior, environment, conditions before and after the crime, etc., and the personal information of the Defendant is subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a person subject to registration of personal information under Article 43 of the same Act, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of crime, and crime of an order to disclose or notify personal information.

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