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(영문) 대구지방법원 2013.11.14.선고 2013고단4628 판결
강제추행
Cases

2013 Highest 4628 Indecent Act by compulsion

Defendant

Broadcasting Corporation

Prosecutor

nan

Defense Counsel

nan

Imposition of Judgment

November 14, 2013

Text

Defendant shall be punished by a fine of 5,00,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period converted by 50,000 won into one day.

To order the defendant to complete a sexual assault treatment program for eight hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

The defendant is a producer of a regional cable broadcasting station located in Daegu Northern-gu Busan-dong.

1. On May 13, 2013: (a) around 00, the Defendant: (b) had the victim Park ○○○ (23 years old); (c) one applicant for other women’s interview; and (d) one applicant for the Defendant’s seat; and (c) had the Defendant drive an article on behalf of the Defendant and the Defendant’s XG vehicle at the above restaurant and the Defendant’s 21th day after drinking alcohol at around 40:40.

In the back of the above vehicle, while the defendant was on board the back of the above vehicle, the defendant was able to take the victim's bucks as his hand, rhumbbbbbbbs, khums, and dumbbbbbbs, and committed an indecent act by force against the victim by force.

2. At around 22:30 on the same day, the Defendant arrived in front of the horse located in the middle of the Sinsan-dong where the victim was living in the middle of the Sinsan-dong, and then sent a defective representative engineer about the victim intending to get out of the house, let the victim board the steering room, and the Defendant decided that the victim would be employed as a broadcasting station for one day from the day to the day before the victim's house, and that the victim would be employed as a broadcasting station for one defect. The Defendant saw that the victim would be employed as a broadcasting station for one time from the day to the day before the victim's house, and kids the victim kids on the right side of the victim who was pushed, and kids the victim to force the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution on ○○○;

1. Statement of each police statement on gambling ○○;

1. A petition filed by Park○-○;

1. A report on internal investigation (a mobile phone text message and Kakakaoo text message sent to each other);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 298 (Optional Fine)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The reason for sentencing is that it should be strictly responsible for the fact that the accused commits an indecent act against the victim who has interviewed, thereby having the victim feel a sense of sexual humiliation and mental suffering.

However, there is no record of criminal punishment against the defendant, and the defendant committed a crime in this court, which led to the confession of all the crimes, and the victim's deposit KRW 5 million in the future. It is so decided as per Disposition in consideration of the circumstances of the crime of this case, the degree of indecent act, the defendant's tendency, family environment, etc.

Where a conviction becomes final and conclusive in regard to the crime of this case, which is a sex offense subject to the registration of personal information, the defendant 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 the personal information of the defendant to the head of

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protection of the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges

Judge Park Sung-sung

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