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(영문) 대구지방법원 경주지원 2021.01.20 2020고단549
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 13, 2020, at around 17:05, the Defendant: (a) reported on the front side of the C Library located in B on July 13, 2020, that the victim D (name, 21 years of age) is mixed; and (b) reported on one hand to the victim, the Defendant asked the victim’s left side of the victim; and (c) told the victim “I am hick on the ground, I am hick, and I am hick on the ground”; and (d) committed an indecent act by force against the victim by force, only as I am hick on the left side of the victim’s side.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Application of the Acts and subordinate statutes of Chapter 1 of the CDA on internal investigation reports (related to attaching photographs to the CCTV screen images for the purpose of use); and application of the CD 1 to the CCTV reproduction of CCTV images, which a criminal suspect takes part in the scene of his/her crime;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime;

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. An order to disclose personal information, an occupation, the risk of recidivism, the motive, method of committing the instant crime, seriousness of the crime, disclosure order, notification order, and employment restriction order, considering the disadvantages and expected side effects of the Defendant’s entry, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, etc. In light of the overall consideration of such orders, there are special circumstances that may not disclose or notify the Defendant’s personal information pursuant to the proviso to 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 Article 50(1) of the Act on the Protection of Children from Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children from Sexual Abuse, the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act and the proviso to Article 59-3(1) of the Welfare Act;

The decision is judged.

Judgment that is a sex offense subject to the registration and submission of personal information.

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