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(영문) 대전지방법원 2013.07.17 2012고정345
준강제추행
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 29, 2011, at around 03:00, the Defendant committed an indecent act against the victim by inserting the victim E ( South and 21 years of age) equally in the victim E’s waters room located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, by taking the victim’s hand over close to the victim’s left hand and making soup.

Summary of Evidence

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

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and is obligated to submit his/her personal information to the head of a competent police agency pursuant to Article 5(1) of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Article 1156, Dec. 18, 2012); Article 43 of the Act on Special Cases

However, in light of the fact that the defendant is the first offender, the defendant's age, environment, details of the crime, etc., it is deemed that there are special circumstances that the disclosure of personal information should not be disclosed. Thus, the disclosure order and the notification order are exempted.

(Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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