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(영문) 대전지방법원 2018.05.04 2017고단4608
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 10, 2017, from around 21:00 to around 22:30, the Defendant committed an indecent act by force against the victim E (man, 42 years of age) in the Seo-gu Daejeon-gu, Seo-gu, Daejeon-gu, on the part of the victim E (man, 42 years of age), while drinking together with his/her fel and her fel, with his/her her kne and kne, fel, fel and fel, etc. on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Articles 298 and 298 of the Criminal Act concerning criminal facts and the selection of fines (including the circumstances and degree of the crime, and the fact that there is no past record of the crime other than the punishment of a fine once driving under drinking);

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

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

1. Where a conviction on each of the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

As such, an order to disclose or notify the defendant pursuant to 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 shall not be issued.

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