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(영문) 대구지방법원 서부지원 2016.03.10 2015고단2224
강제추행등
Text

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

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

Reasons

Punishment of the crime

1. On October 9, 2015, the Defendant forced indecent act committed an indecent act on the part of the victim E (VL clubs) who had danced at a stage while under the influence of alcohol in the “DV club” located in Daegu-gu, Daegu-gu, Daegu-gu, and had danced at the stage, and committed an indecent act by force on the part of the victim by holding the victim’s drinking room only once on one hand against the victim E (VV) who had danced at the place of the stage.

2. On the day above 04:40 on the foregoing day, the Defendant was required to present an identification card by the senior F, etc. belonging to the police station, who was dispatched after being subject to a forced indecent act at the above age club.

Then, the defendant, who was in possession, presented Class 2 driver's license for the defendant-friendly G in the name of Daegu District Police Agency, which is an official document in possession, as if he was the driver's license for the defendant-friendly G, and illegally displayed the official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes on the investigation report (Correction of suspect status);

1. Relevant legal provisions on criminal facts, Article 298 of the Criminal Act on the selection of punishment, Article 230 of the Criminal Act (the occupation of an indecent act by force), the selection of a fine (the occupation of an unlawful uttering of official document), and the selection of a fine (the position of a reflector), the degree of conduct is relatively minor, the degree of conduct in consultation with the victim of the indecent act by force is relatively minor, and the above victim is not subject to punishment, and the defendant has no criminal record of the same kind);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Where a conviction becomes final and conclusive on the crime of indecent act committed in the judgment of coercion on the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and the same.

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