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(영문) 대전지방법원 2018.10.19 2018고정682
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 1, 2018, the Defendant: (a) around 02:17, around Seo-gu, Daejeon, Seo-gu, Daejeon, and 7’s “D” club; (b) passed behind the victim E (nive, female) and committed an indecent act by force against the victim, by inserting his/her hand his/her son and her son with his/her son’s bridge between the victim and his/her her son.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of the ctv course photographs Act

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The suspension of sentence cannot be deemed as “a sentence imposed” or “a case sentenced to a fine” as prescribed by the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse by suspending the suspension of sentence, and thus, an employment restriction order shall not be issued (in addition, there are special circumstances in which employment should not be restricted even if the above provision applies.

(C) Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Article 59(1)); Article 59(1) of the Criminal Act (see, e.g., Article 59(1)); Article 59(1) of the Criminal Act

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant suffers due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved, the protection of the victim, etc.), shall not be disclosed or notified of the Defendant’s personal information.

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