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(영문) 대구지방법원 2017.11.28 2017고단5596
강제추행
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 23, 2017, at around 12:30, the Defendant committed an indecent act, such as kisking the victim from the 'D Kafbook' operated by the Daegu Dong-gu, Daegu-gu, about 12:30 on July 23, 2017, the Defendant considered the victim to be seated next to the victim, seeing the victim as deductible expenses, drinking the victim's hand, and kiding the two arms, and kiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Application of 30 or more Acts and subordinate statutes to a criminal investigation report (in-depth CCTV-caping photographs and CDs) - caps;

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

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. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 head of the competent police office pursuant to Article 43 of

The grounds for sentencing include the following circumstances, and the age, sex, environment, and motive for committing the crime.

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