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(영문) 대구지방법원 서부지원 2017.05.18 2016고단436
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a foreigner of business Benkian's nationality who entered the Republic of Korea on June 15, 2012 as an industrial trainee.

On March 10, 2016, around 21:47, the Defendant: (a) accessed D (n, 29 years of age) of the Republic of Korea, which was an employee who was working in the Mat in Daegu-gu B, Daegu-gu, 2016; (b) met the victim’s face in his/her hand; (c) followed the victim’s resistance; and (d) met the victim’s face by his/her finger; and (d) “Ipkhhhhhhhh”

"Indecent act against the victim's will such as "" was committed.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant exempted from an order to attend a course or an order to complete a program under Article 334(1) of the Criminal Procedure Act or an order to complete a program does not use the Korean language as an alien, the Defendant appears to have special circumstances under which it is impossible to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment,

When a conviction on forced indecent conduct in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the accused 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 the relevant agency pursuant to Article 43 of the same

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

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