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(영문) 대구지방법원 2017.11.16 2017고단4740
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of the Congo, and the victim C (C, female, 24 years old) is a foreigner of the Republic of Korea.

On June 15, 2016, at around 17:30, the Defendant committed an indecent act against the victim, following the victim, who was at the entrance of the entrance of the entrance, in order to talk with the 1st student center of the E University located in Sinsan-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (Attachment to the screen of the on-site CCTV closure);

1. Application of Acts and subordinate statutes on the CDs for field CCTV works;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The Defendant exempted from order to complete a program is deemed unable 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, etc. of Sexual Crimes on the Defendant, considering that the use of the Korean language by the Defendant appears not smooth. Thus, the Defendant is not obliged to

In light of the Defendant’s age, nationality, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, any order to disclose or notify to the accused shall not be issued.

Criminal facts of the judgment, which are sex offenses subject to the registration of personal information.

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