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(영문) 전주지방법원 군산지원 2014.03.26 2013고단1704
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 26, 2013, around 23:35, 2013, the Defendant: (a) was placed in the D K-sing practice room stairs located in Jeju City; (b) had the victim E (n, 48 years of age) who gets out of the stairs, and had the female kn's breasts over two times as clothes, and had the female kn's breasts committed indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to victim E;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the first offender even though the defendant was the first offender, and there is a favorable condition for sentencing in favor of the defendant, such as when committing the crime of this case, and when replacing him, the defendant committed an indecent act on the part of his family members, and thereby, the defendant committed an indecent act on the part of his family members at the place where his family members are viewed, and the victim suffered a big mental damage, and the victim still still was punished, etc., the punishment is determined as per the order by comprehensively taking into account the conditions for sentencing unfavorable to the defendant, such as the defendant

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration 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 relevant agencies

The age, occupation, risk of repeating a crime, motive, method, 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, and sexual crimes subject to registration which can be achieved due to such order.

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