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(영문) 대전지방법원 서산지원 2014.11.14 2014고단829
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 June 19, 2014, at around 20:0, the Defendant: (a) committed an indecent act by force on the part of the Defendant, by using both arms from the packaging horse of the “D” operated by the Victim C (A, who is aged 53) in Seosan City B; and (b) pooling the victim’s left chest by using his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

1. Selection of a fine to choose a sentence (the defendant's minor negligence on August 18, 201 and the victim has cancelled the complaint against the defendant on August 18, 2014; the defendant has no criminal record for the same kind of crime; the defendant's age, occupation, etc.);

1. Articles 70 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 an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, an order to disclose or notify personal information, the degree of disadvantage and anticipated side effects to be achieved by the order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall be ordered to disclose or notify personal information 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. Thus, the Defendant shall be ordered to disclose or notify personal information.

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