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(영문) 대전지방법원 2017.05.12 2017고단595
준강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 12, 2017, the Defendant: (a) around 03:30 on January 12, 2017, around the third floor of the building located in Seo-gu Daejeon, Seo-gu, Daejeon, in a women’s exclusive water surface room (AE soup) of the victim AF (n, 45 years old) who was divingd, became the victim’s her hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's potential to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the video Acts and subordinate statutes to a CCTV image-fashion photograph;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. The reason reflects the sentencing of Article 334(1) of the Criminal Procedure Act, the crime committed during the trial of other cases, the agreement of the victim, etc. Where the registration of personal information and the judgment of the accused to be submitted are finalized, 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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