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(영문) 대구지방법원 서부지원 2017.02.02 2016고단2254
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 13, 2016, at around 15:30 on September 15, 2016, the Defendant: (a) reported the victim E (the victim E, the 17-year-old age), E and singing, and attempted to commit an indecent act against the victim; (b) opened on the right side of the victim; and (c) committed an indecent act against the victim by putting the victim on the shoulder of the damaged party; and (d) putting the victim’s hand on his hand, even if he did so, she continued to have his left hand at the right hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the statement made by E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine and the selection of a fine (including the confession of and the attitude against the crime, the degree of forced indecent act is relatively minor, and the defendant has no record of criminal punishment);

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

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

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that the defendant should register and submit personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant becomes 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 a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the 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 prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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