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(영문) 대전지방법원 2015.01.07 2014고단3455
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 20, 2014, the Defendant: (a) around 23:40 on the C cafeteria in Sejong-si, the victim E (28 years of age, in female) rancing with the male-child seat, and (b) reported that the victim E was able to do an indecent act, and (c) led the victim’s behind it, the Defendant her hand her hand her part left her, and her her part left her part was flicked toward the lower side.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Partial entry of the suspect interrogation protocol of the accused by the prosecution;

1. Application of each police protocol of statement to E and F;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information, such as the fact that the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is without the same kind of reason and is against the law, and the degree and circumstances of the indecent act, etc., 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances where the disclosure or notification of personal information shall not be given pursuant to 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.

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

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