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(영문) 대구지방법원 경주지원 2017.08.23 2017고단294
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

At around 16:30 on February 17, 2017, the Defendant: (a) while driving the D Freight class owned by the Defendant with the victim E (the 32 years of age), the Defendant forced the victim to commit an indecent act by force by driving the victim’s hand at the entrance of racing F at the entrance of the Defendant. (b) The Defendant, by driving the D Freight class owned by the Defendant, carried the victim’s hand and bucks twice; and (c) the Defendant’s right hand, etc., called “the mil.” (the mil.) was called “the mil...........”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes on investigation report (Attachment of a CD and a photograph to the image of a boom);

1. Article 298 of the Criminal Act applicable to the crime and Article 298 of the Criminal Act (the punishment shall be determined as ordered in consideration of all the factors of sentencing, including the confession of the defendant, the fact that the defendant does not have any record of crime, and the degree of exercise of force, etc.) in consideration of all the factors of sentencing, including the fact that the defendant makes a confession, the fact that there is no record of crime, and the degree of exercise of force);

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. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, risk of recidivism; (b) the disclosure order or notification order of this case; and (c) the provision of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

I think)

When a conviction on the criminal facts in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant shall be subject to special cases concerning the punishment, etc.

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