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(영문) 대구지방법원 상주지원 2017.06.27 2017고단153
강제추행
Text

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

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

Reasons

Punishment of the crime

On March 18, 2017, at the time of stay at around 15:00, the Defendant forcedly committed an indecent act against the victim by putting the victim’s left chest part of the victim’s chest turn on one occasion by drinking alcohol at the victim D (n, 51 years of age) operating restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

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 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. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes 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 Article 43 of

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, 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 the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed 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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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