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(영문) 대구지방법원 2018.07.12 2018고단2266
강제추행
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant committed an indecent act by force against the victim C (Woo, 38 years of age) located in Daegu Suwon-gu B, on April 20, 2018, with the floor of hand, using the victim’s right shoulder and other parts for about three minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of C’s written laws and regulations

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

The reason for sentencing is the fact that the crime was committed during the period of repeated crime, and the fact that it has the same record is disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the fact that the victim does not want the punishment of the defendant, and the degree of the prosecution is not serious.

Each of the above circumstances and other circumstances, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, are the conditions for sentencing as shown in the arguments.

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