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(영문) 대구지방법원 서부지원 2015.07.09 2015고단681
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 25, 2015, at around 17:00, the Defendant, at the house of “D,” a single-name “D” located in Seo-gu, Daegu, Seo-gu, for drinking alcohol, such as the victim E (n, 55 years old), F, and F, and the above D, was committing an indecent act by force against the victim in a state where the victim’s chest is unable to resist, by putting the victim’s body inner part into the part of the victim’s inner part.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, the choice of fines (a confession and reflectability in depth, the same criminal record and fine do not have any criminal records exceeding the same kind of punishment, and the father and degree, etc. of the indecent act in this case);

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. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused 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 related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order shall be given to the Defendant on the grounds that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children

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