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(영문) 대전지방법원 서산지원 2014.08.22 2013고단757
강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 28, 2013, the Defendant committed indecent act by compulsion: (a) around 22:30 on August 28, 2013, when drinking alcoholic beverages at the D week stores located in Siljin-si, with the victim E (the 37 years of age), and drinking alcoholic beverages together with the victim E (the 37 years of age); (b) the victim’s buckbucks met by hand; and (c) the Defendant committed indecent act by force on the left chest of the victim by inserting the hand into the part of the victim.

2. In the date and time set forth in paragraph (1), the victim set up against the Defendant’s indecent act at a place, and caused injury to the victim, such as the victim’s knife of materials and knife the knife of knife, and the victim’s knife of knife two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 298 of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Selection of each alternative fine (the defendant has no previous conviction related to sexual assault against him/her, and no previous conviction exists after August 200, the fact that he/she seriously reflects the fact that he/she has no previous conviction, and the defendant's age, academic background, previous conviction, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of 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 the competent agency pursuant to

The defendant suffers due to the age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information, and the order of disclosure or notification.

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