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(영문) 창원지방법원 통영지원 2014.12.30 2014고단767
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 21, 2014, the Defendant calculated the drinking value in the “D” restaurant in 20:25, the Defendant committed an indecent act on the part of the victim E (n.e., 28 years old) who is an employee, by making the victim’s her her her her her her her her her her her her her her her her her, only once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act regarding criminal facts, the choice of a fine (such as the reflection of depth by the defendant, and the fact that the victim does not want the punishment of the defendant);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a judgment of conviction becomes final and conclusive on the criminal facts that are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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 thus, is obligated to submit personal information to the head of the competent police office in accordance with

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the defendant shall not be sentenced to disclosure order or notification order on the grounds that there are special circumstances that may not disclose personal information.

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