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(영문) 대전지방법원 천안지원 2015.09.15 2015고단1173
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 25, 2015, at around 01:20, the Defendant discovered the victim B (here, 30 years of age) who was walking ahead of the victim, along with the male-child zone, on the two 4th fluoral road located in 50, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Yan-gu, Yan-si, and followed the victim at the right port.

Accordingly, the Defendant committed indecent act by assaulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C Application of Acts and subordinate statutes

1. Relevant Article of the Criminal Act and Article 298 (Selection of Fine)

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. If a conviction on a sex offense subject to registration 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 is obligated to submit personal information to the head of a competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

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