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(영문) 대구지방법원 2017.05.23 2017고단1346
강제추행
Text

Defendant shall be punished by a fine of 2.5 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, “C cafeteria” serving as a part-time member of the Victim B (Inn, the name of the Defendant) and served as a customer, and the Defendant was the first physician with the victim.

피고인은 2017. 1. 16. 18:30 경 경산시 D에 있는 “C 식당 ”에 지인 E, F와 함께 위 식당에 방문하여 술을 마시던 중, 피해 자가 같은 날 19:06 경 주문한 음식을 가져다주자 오른쪽 손가락으로 등 부위를 2 회 쿡쿡 찌르고, 같은 날 19:25 경 다시 주문한 음식을 가져다주는 피해자의 엉덩이 부위를 오른손으로 2회 만져 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. Complaint;

1. Investigation report (related to the confirmation of CCTV at C cafeteria which is the place of occurrence) - Application of Acts and subordinate statutes to photographs of crime scenes;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant has no record of criminal punishment for any sexual crime before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism of the Defendant even with the registration of personal information and the completion of an instruction to treat sexual assault;

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The reasons for sentencing are as follows: the defendant's age, occupation, sex, family relation, and circumstances before and after the crime.

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