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(영문) 대전지방법원 서산지원 2014.04.04 2013고단845
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:00 on September 16, 2013, the Defendant, at the “Eju shop” operated by the victim D (n, 45 years of age) in Seosan City, provided that the Defendant committed an indecent act by force by force by drinking alcohol together with the “Eju shop” operated by the victim D (n, 45 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to D or F

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a fine for selective punishment (such as the fact that the defendant has no previous conviction for the same kind of crime, the fact that the defendant seriously reflects his/her fault, and the fact that he/she deposited 1.5 million won for the victim on March 27, 2014, etc.);

1. Articles 70 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. Where a conviction becomes final and conclusive on the facts constituting an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of 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 is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order

order for any reason above.

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