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(영문) 대구지방법원 서부지원 2018.08.21 2018고정259
강제추행
Text

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

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

Reasons

Punishment of the crime

On July 9, 2017, the Defendant, around 00:30, committed an indecent act by force against the victim D(23 years of age) who had danced in the “gy clubs C” located on the first underground of Mapo-gu Seoul Mapo-gu Seoul, with the victim’s knick floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes as a result of detection and inspection by falsehood;

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

1. If a conviction on the crime of indecent act committed in the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, 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 an employment restriction order, the prevention of the sex offense subject to registration that may be achieved, and the effect of protecting the victims, there are special circumstances in which the disclosure of personal information should not be disclosed and the employment restriction order should not be issued.

Since it is determined, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso, Article 50(1) proviso, and the proviso of Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order, notification order, and employment restriction order shall not be issued to the accused.

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