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(영문) 대전지방법원 천안지원 2014.05.30 2014고단134
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On December 13, 2013, at around 22:00 on December 13, 2013, the Defendant: (a) placed the victim E in front of the “D building located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu C” before the Defendant, and (b) placed the victim’s knife by inserting the victim’s knife into the victim’s knife, thereby committing an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

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

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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

1. The degree of contact with the body of the victim of the reason for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: Provided, That the same shall apply to all kinds of sentencing factors indicated in pleadings, including the fact that the crime was committed mainly during his/her taking-off, contingency, assault or intimidation is not accompanied in the indecent act against the victim, agreement with the victim, and the fact that the defendant has no record of criminal punishment.

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, 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 the head

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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