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(영문) 창원지방법원 2014.07.15 2014고단134
강제추행
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On September 11, 2013, at around 03:05, the Defendant 03:05, coming under the influence of alcohol in front of the D cafeteria located in Changwon-si, Changwon-si, and brought the victim E (n, 26 years of age) to the end, and brought the victim E (n, 26 years of age) to the end, resulting in a net sexual desire, and made his hand into a hand between the victim's chest and the leg, thereby committing an indecent act by force.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes on police statement to E;

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

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information 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 the accused is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall be determined that there are special circumstances where disclosure or notification of personal information may not be ordered

The reason for sentencing is that the defendant is the first offender who has no criminal power.

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