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(영문) 대구지방법원 2018.07.26 2018고단841
강제추행
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 29, 2018, the Defendant committed an indecent act by force by force, on the part of the victim D (M, 23 years of age), i.e., head, etc. of the victim D (M, 23 years of age) who was in his/her place in Daegu-gu B, Daegu-gu, Daegu-gu.

Summary of Evidence

1. The defendant's partial statement (the purport that there is a fact that the victim's body is interviewed) ;

1. Each legal statement of witness D and E;

1. A investigation report (Attachment of CCTV images at the site related to a suspect A and CCTV-cape photographs) - Application of the Acts and subordinate statutes governing CCTV-cape photographs and CCTV video CDs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information pursuant to 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 Article 43 (1) of the same Act.

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