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(영문) 대구지방법원 경주지원 2017.04.28 2016고단986
강제추행
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

The defendant is a person working as a manager of C in racing, and the victim D (the 20 years of age) is a part-time student of the above branch.

On November 7, 2016, the Defendant: (a) around 00:30 on the racing, and around 10, the Defendant got the victim’s grandchildren while singing together with the victim, and (b) the Defendant refused to take the victim’s grandchildren away.

Nevertheless, the Defendant is a good thing to the victim.

The term “the victim” means “the victim’s head is rhyed on the shoulder, humping the victim with his/her hand, humping the victim with his/her hand, hyming and cutting the victim’s vessel, and committing an indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G photographics and investigation reports (in addition to CCTV images in the F singing practice place), the application of statutes;

1. Relevant legal provisions concerning criminal facts and Article 298 of the Criminal Act of the choice of punishment (the punishment shall be determined as ordered in consideration of the fact that the defendant reflects his/her sex, the first crime, and the degree of indecent act, etc.), although the victim seems to have caused a considerable sense of sexual humiliation and was not used from the injured party;

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. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, risk of recidivism; (b) the disclosure order or notification order of this case; and (c) the provision of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

b)the decision;

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