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(영문) 대구지방법원 서부지원 2016.03.31 2016고단166
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 1, 2015, the Defendant: (a) from the main point of “C” located in the Daegu Seogu Office B around 00:10 on December 1, 2015, the Defendant: (b) opened a customer to the table; and (c) opened the victim D (Age 24) who is an employee of the said main place, to sit on the side page of the Defendant; (d) opened the victim’s buckbucks; and (e) the victim “drums.”

“Along with the Defendant’s hand, as the victim would use the chest part of the victim’s chest again, and the victim would not re-undertake the victim’s finger part.

dysia dysia

“Indecent act committed an indecent act against the victim by deceiving the victim, such as the victim.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (the confession, the attitude of reflecting the depth of the punishment, the degree of conduct of the punishment is insignificant, and the victim is not punishable, etc.);

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 in regard to the facts constituting a crime on which the personal information is registered under Article 334(1) of the Criminal Procedure Act, the accused 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 a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall apply in full consideration of the Defendant’s age, occupation, risk of recidivism, motive, method of 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 of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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