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(영문) 전주지방법원 2014.09.18 2014고단807
강제추행
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

On 15, 200:30 on 15, 2014, the Defendant: (a) appears to have flick the left chest of the victim E (the age of 28) who was seated next to the Defendant (the age of 28) in Yansan-gu, Jeonju-si; and (b) continued to flick the victim’s left chest, and (c) committed an indecent act by force against the said female, following the female moving the damaged area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act regarding criminal facts, the choice of a fine (the circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime in this case and reflects in depth the mistake, that the defendant made a full agreement with the victim, that the defendant was the primary offender, that the defendant was a criminal defendant who committed contingently under the influence of alcohol

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 judgment of conviction was rendered against a defendant who is obligated to register personal information in accordance with Article 334(1) of the Criminal Procedure Act, the defendant becomes a person subject to registration of personal information in accordance with 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 as prescribed in Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., as a whole, Articles 47(1) and 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

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