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(영문) 대구지방법원 2018.07.12 2017고단1865
강제추행
Text

Defendant shall be punished by a fine of five 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 6, 2017, around 00:05, the Defendant committed an indecent act by force on the part of the victim D(W, 30 years old), who was danced, with the right hand hand hand hand of the victim himself, with the victim D(W, 30 years old) who was under dancing in Mapo-gu Seoul.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, 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.

The defendant with the reason for sentencing is not against himself while denying the crime.

There is no circumstance in which the parties have endeavored to reach an agreement, and they did not receive a letter from the victims.

Even though the investigation is in progress, there is no contact with the investigative agency, etc. after the crime is committed.

However, there is no other criminal records except that the defendant has the same power and has been sentenced to a fine twice due to a traffic-related crime.

. Other defendant.

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