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(영문) 대전지방법원 공주지원 2013.12.27 2013고단280
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 31, 2013, at around 18:25, the Defendant committed an indecent act by force on the part of the victim D (the age of 19)'s right arms and buckbucks which were seated by the left hand in the air-speed bus running along the Gyeong-gu Down-dong, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 judgment on exemption from the registration, disclosure, or notification order of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the accused is 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 pursuant to Article 4

However, considering the content of the crime subject to registration, the power of punishment and the risk of recidivism, the content and motive of the crime, the disclosure order or notification order, the anticipated side effects of the defendant's suffering disadvantages and expected side effects, the prevention effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting victims, etc., in light of the special circumstances where the disclosure or notification of personal information should not be made, the order to disclose or notify personal information shall not be issued.

(Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be ruled as above.

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