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(영문) 대구지방법원 서부지원 2019.06.13 2018고단2498
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a restaurant employee such as the victim B (n, 19 years of age) and becomes aware of it.

On June 2, 2018, at around 23:00, the Defendant committed an indecent act by force against the victim by: (a) reporting the victim who was enjoying in the bed while dividing the talk with the victim; (b) raising the victim from behind him/her; (c) raising his/her hand into the victim’s inner part; and (d) raising his/her chest into the victim’s inner part; and (c) raising his/her chest.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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 of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under 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 4

In full view of an order to disclose personal information, an order to disclose or notify personal information, the age, occupation, risk of recidivism, details and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects to be inflicted on the defendant due to the order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victim, etc., the personal information is disclosed or notified in accordance with 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), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection

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