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(영문) 대전지방법원 천안지원 2017.03.31 2016고단2466
준강제추행
Text

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

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

Reasons

Punishment of the crime

On September 10, 2016, at the defendant's house located in Nam-gu, Namdong-gu, Namdong-gu, Seoul on September 16, 2016, the defendant drinked alcohol together with the victim C (the 47 years of age), D, and E, and had the victim under the influence of alcohol to report the victim who was under the influence of alcohol and forced the victim to commit an indecent act.

The defendant forcedly committed an indecent act on the victim's right chest for about 1-2 minutes by inserting the victim's hand into the inside of the damaged person and committing an indecent act on the victim's right chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information in the judgment that is subject to the registration of personal information in consideration of the following facts: (a) agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) reflects such agreement; (c) there is no criminal punishment for the same kind of crime after 1996; and (d) the degree of conduct, etc., the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to the obligation to submit personal information

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, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse, and Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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