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(영문) 대구지방법원 서부지원 2015.07.23 2015고단898
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From May 15, 2015 to around the same 23:05 to the same 23:05, the Defendant approaching the front side of Daegu Month and the front side of the victim C (n,e.g., age 52) and coming from the walk. On the other hand, the Defendant: (a) kidd the victim by drawing to the left arms of the victim; (b) kid the victim, and (c) kid the victim coming to the way to pushed the Defendant.

In other words, the victim led the victim to the second hand from the victim to the second hand, and led the victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (including the confession of a criminal conduct and reflecting his depth, the defendant has no criminal record for the same kind of crime, and the victim is not able to punish the defendant by mutual consent with the victim);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the protection effect of the victim, etc., the personal information may not be disclosed and notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

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