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(영문) 제주지방법원 2014.02.12 2013고단1268
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 00:00 on August 17, 2013, the Defendant committed an indecent act by force against the victim by: (a) the victim D (n, 26 years of age) in Seopopopo City C, where he works as an employee, and (b) the Defendant sought to put the broadcasts into the victim’s inner part of the victim’s body while searching for them as a customer; (c) the victim resisted the floor; (d) the victim’s resistance, and (e) the knife away from the floor, and the knife knife knife knife knife knife knife knife knife knife knife knif k

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing witness D and F's respective statutory statements;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order is based on the following: (a) the extent of indecent act committed by the instant crime; (b) the Defendant recognizes the Defendant as a substitute for the instant crime; and (c) the Defendant has no same criminal record; and (d) the circumstances

Where this judgment becomes final and conclusive, the accused 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 personal information to the head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that the disclosure of registered information is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Therefore, an order for disclosure or notification of registered information is issued.

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