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(영문) 대전지방법원 천안지원 2016.02.18 2015고단1618
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 July 27, 2015, the Defendant sent the answer to the Defendant: (a) on July 27, 2015, at a high speed bus running from a high speed bus in the Gangnam-gu Seoul High speed terminal to a astronomical bus terminal; (b) on the chest part of the chest part of the victim D (hereinafter referred to as 20 years old) seated next seated with the elbbbing, and (c) on the part of the victim, “I became aware” from the victim; and (d) on the part of the victim, the Defendant re-explosed the buckbs of the victim and re-exprised from the victim.

In order to hear the word "Ieman", the victim was forced to commit an indecent act, such as rhumbucking and rhumping the hand, after blocking the physical contact, and then writing and ruping the victim's bucks.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on recording conversations of victims;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime 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 offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 thus, is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full consideration of the defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved, the effect of the protection of the victim, etc., there are special circumstances in which the personal information may not be disclosed or notified.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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