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(영문) 대전지방법원 서산지원 2019.10.02 2019고정66
강제추행
Text

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

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

Reasons

Punishment of the crime

On November 30, 2018, the Defendant committed an indecent act against the victim by means of making rhumbucks and hands of the victim E (the 17th, the 3th, the 17th, the 4th, the 17th, the 5th, the 5th, the 5th, the 17th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the

Summary of Evidence

1. Statement to E by the police;

1. A bus CCTV storage CD;

1. The application of the Act and subordinate statutes to the investigation report (related to the 112 Report) (the defendant denies the fact of indecent act by compulsion, but the statement of the victim is clear and consistent, and is also consistent with the CCTV image of the bus; the defendant is recognized to have committed an indecent act against the victim like the crime)

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

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 judgment of conviction against a defendant who shall file for the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 competent police agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso 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) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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