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(영문) 대구지방법원 2012.12.28 2012고정1889
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 2, 2011, at around 13:10 on July 2, 201, the Defendant committed an indecent act by force against the victim C (here, 24 years of age) who was divingd on one side of his own side in Daegu Dong-gu B, Daegu-gu, 201.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C 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 concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is found guilty of a crime committed by indecent act against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act, and such judgment becomes final and conclusive, the defendant is obligated to submit personal information to the chief of the competent police station as prescribed in Article 33

However, an order to disclose or notify the registered information needs to be prudent in that it may seriously affect the rehabilitation of the defendant, and in this case, it is determined that the registration of personal information alone constitutes a case where there are special circumstances such as preventing recidivism of the defendant and considering that the registration of personal information alone is likely to prevent sexual crimes, and thus, it is not necessary to issue an order to disclose or notify the registered information.

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