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(영문) 대구지방법원 포항지원 2016.09.12 2016고합63
강제추행
Text

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

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

Reasons

Punishment of the crime

Defendant

B. On February 28, 2016, the claimant for the attachment order (hereinafter referred to as the "defendant") reported that the victim E (n, 40 years of age) entered into the victim E (n, 40 years of age) in the north-gu C at the port of port and port of 0:20 on February 28, 2016, and that the victim play.

However, the victim had the mind to force the victim to commit an indecent act on the ground that the victim refuses, and had the victim's chest on two occasions with his left hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of the following circumstances: Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure disclosure order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment, social relationship, criminal record, degree of risk of recidivism recognized as recorded in the record; profits and preventive effects expected by the disclosure order of this case; and disadvantages and side effects therefrom, the effect of preventing recidivism by the Defendant can be achieved even with the registration of personal information and the order to attend lectures.

there are special circumstances in which disclosure of the personal information of the defendant shall not be disclosed.

The reason for sentencing

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. Sentencing criteria: The sentencing criteria shall not apply since they choose a fine.

3. The defendant committed the instant crime at the time when one year has not passed since he/she completed the execution of the sentence even though he/she had been sentenced to imprisonment by obstructing the execution of official duties, and the defendant committed the instant crime.

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