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(영문) 춘천지방법원 강릉지원 2014.07.15 2014고단461
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 8, 2014, at around 00:15, the Defendant forced the victim D (Woo, 21 years old) who was in the front of the toilets of the first floor in which he had drinking alcohol from the "Cjuk-si B" and went outside of the city of Gangseo-si, and was in the front of the toilets of the first floor, with the victim D (Woo, 21 years old) who was in the same way as male-gu, to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Fine)

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 judgment of conviction was rendered against a defendant who has registered personal information in accordance with Article 334(1) of the Criminal Procedure Act, the defendant becomes a person subject to registration of personal information pursuant to 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 as prescribed in Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, effect on the protection of the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection, etc. of Children

It is so decided as per Disposition for the above reasons.

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