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(영문) 대전지방법원 논산지원 2016.09.20 2016고단247
강제추행
Text

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

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

Reasons

Punishment of the crime

피고인은 2016. 3. 19. 14:52 경 논산시 B에 있는 ‘C 편의점 ’에 들어가 카운터에 앉아 있는 피해자 D( 여, 46세 )에게 다가가 전에 샀던 담배를 주문했는데 피해자가 기억하지 못하자, 오른손 검지로 피해자의 볼을 찌르고, 피해자의 가슴을 1회 찔러 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (hereinafter referred to as "Sexual Crimes Punishment Act")

1. Where a conviction against the Defendant is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Punishment of Sexual Violence Act, and the Defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the Punishment of Sexual Violence Act.

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s entry due to an order to notify the disclosure of personal information, thereby comprehensively taking into account the Defendant’s age, occupation, and risk of recidivism, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry as a result of the order to notify the disclosure of personal information, and the effectiveness of preventing sexual crimes subject to registration and protecting the victims, there is “any special circumstance that may not disclose personal information” provided for in Articles 47(1) and 49(1) proviso of the Punishment of Sexual Violence Act, the proviso to Article 49(1) and the proviso to Article 50(1

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing is that the defendant is a female with marriage as stated in its reasoning.

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