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(영문) 대전지방법원 2014.07.30 2013고단1974
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 22, 2012, the Defendant, at around 03:20-03:25, 03: (a) placed in the D cafeteria located in Daejeon Seo-gu, Daejeon, in the next table, brought hand over to the status of the victim E, against the will of the victim E, and (b) made indecent act by the victim, who was the victim of the ppuri Party A by force.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Where a judgment of conviction becomes final and conclusive with respect to a crime subject to registration of personal information under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 2 of the former Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Apr. 15, 2010); Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); and such person is a person subject to registration of personal information under Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information.

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