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(영문) 대전지방법원 서산지원 2015.01.07 2014고단903
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 15, 2014, the Defendant committed an indecent act against the victim, such as: (a) start from the bus terminal located in Seosan-dong, Seosan-si, Seosan-si, and operating to Seosan-si, by reporting the victim F (hereinafter referred to as “F”), seating next seating in order to be forced to commit an indecent act; (b) thrown away the victim’s left side bucks once with his hand; (c) raising the victim’s left knee on the victim’s left knee; and (d) wucking the victim’s shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine (the fact that the defendant reflects his/her fault in depth, the defendant has no criminal record for the same kind of offense, the defendant agreed smoothly with the victim on September 25, 2014, and the age, occupation, etc. of the defendant);

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information to a competent agency pursuant

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree of disadvantage and side effect of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc.

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