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(영문) 대구지방법원 서부지원 2015.08.20 2015고단724
준강제추행
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 December 13, 2014, the Defendant: (a) around 05:00 on December 13, 2014, within the D restaurant operated by the Defendant in Daegu-gu, Daegu-gu, the victim E (the victim E (the 19-year old age) who is a customer, drinks alcoholic beverages together with his/her drinking, dump to the floor, and dump to the floor under the influence of alcohol; (b) after having mixed the victim with the victim, the Defendant returned home to the victim and left the victim only, her hand fump into the part of the victim; and (c) put his/her finger in the part of the finger.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement (victims) Acts and subordinate statutes to E;

1. Article 299 and Article 298 of the Criminal Act concerning criminal facts, the choice of fines;

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

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage, prevention and effect of sexual crimes subject to registration that may be achieved therefrom, protection effect of the victim, etc., the Defendant may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant may not issue an disclosure order and notification order.

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