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(영문) 대전지방법원 2018.11.16 2018고단2421
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 1, 2018, at around 21:30 on June 21, 2018, the Defendant: (a) laid the victim C (Gam, Gam) in front of the residence of the Daejeon-dong building B in the top of the Defendant’s Myp vehicle; and (b) continued to sit in the victim’s left hand; (c) continued to write down the victim’s head on the top of E event in the Daejeon-dong-gu, Daejeon-gu, and opened the victim’s hand and rhys; and (d) bucks were able to look back on three occasions, and buckbucks were able to attract, and committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name);

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, the choice of a fine (including the fact that the offense is divided, the fact that the victim does not want punishment by mutual consent with the victim, the degree of conduct and exercise of tangible power, the same criminal record and the fact that the victim has no criminal record other than the fine, etc.);

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. Where a conviction on a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is issued 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

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.

Since it is judged, children and juveniles.

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