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(영문) 광주지방법원 2016.10.07 2016고단3047
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 16, 2016, at around 21:25, the Defendant committed an indecent act by force against the victim D (the age of 19) who is an employee in front of the 1st basement in Gwangju Northern-gu C, by using a gap in calculating the drinking value by using a credit card that the Defendant calculated by using a fluor credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes that include statements made by police officers to victims;

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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is subject to the obligation to register and submit 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 the defendant is obligated to submit personal information to the head

In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of re-offending, benefits expected to be expected by an order or notice of disclosure and the effect of prevention, and disadvantages and side effects resulting therefrom, etc., the disclosure or notice of personal information is deemed to have special circumstances that may not be disclosed or notified. As such, the disclosure or notice order shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The degree of indecent conduct in sentencing is relatively minor.

The defendant recognized his mistake from the beginning.

The defendant is a drinking driver.

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