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(영문) 대구지방법원 2019.09.18 2019고단2460
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is a physician who visits the victim B (the age of 41) to and became aware of the indoor spokes of the victim B.

On April 15, 2019, at around 22:30, the Defendant 1 met the chest of the victim, who flicked to drink together with the victim, in the ‘D' of the operation of the victim in Busan City, at around 2:30, the Defendant 201.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (on-site internal photographs);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) 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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an indecent act by force of the victim, and considering the fact that the defendant has led to the confession of the crime, the absence of the same criminal record, and the fact that the victim did not want the punishment against the defendant by agreement with the victim, the defendant is sentenced to the same punishment as the order of the defendant.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities are limited to personal information registration and orders to complete sexual assault treatment programs.

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