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Reasons
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(영문) 대구지방법원 2013.11.07 2013고단5276
강제추행
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On June 14, 2013, in the “Cpcam” located in Daegu Dong-gu, Daegu-gu, Daegu-gu, around 19:00, commit an indecent act by force against the victim D (n, 20 years of age) knife and knife the victim D (n, 20 years of age) knife at his own place;

2. Indecent conduct by force by taking the hand of the victim at the same place at around 20:00 on June 17, 2013;

3. Indecent conduct by force by taking the grandchildren of the victim at the same place around 19:00 on June 18, 2013;

4. Indecent conduct on June 21, 2013, with the victim’s hand and hand over at the same place at around 20:00;

5. Indecent conduct by force by taking the grandchildren of the victim at the same place around 19:00 on June 25, 2013;

6. On July 5, 2013, around 22:35, at the same place, the victim’s her m/he was forced to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (a CCTV video confirmation contained in a suspect's crime scene and reasons for not attaching it);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant 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 the personal information of the Defendant to the head of the competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance, which can be achieved by such order.

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