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(영문) 대구지방법원 2014.12.18 2014고단5256
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

1. On June 12, 2014, the Defendant, at around 12:30, committed an indecent act by force against the victim, on the top of the ordinary floor in front of the C cafeteria, in which the Defendant, in the middle of the C cafeteria, was working for the Defendant, who is a daily worker of the above C (the age of 67), and on the part of the victim, the victim was able to force the victim to commit an indecent act by force.

2. On June 12, 2014, at around 12:30, the Defendant committed an indecent act by force against the victim by drinking the victim’s mind to force indecent act, and by making the victim’s buckbucks on one occasion with the victim’s fucks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved by the Defendant’s entrance, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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