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(영문) 대전지방법원 2018.12.07 2018고단2849
강제추행
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

피고인은 2018. 6. 13. 03:30 경 대전 유성구 C에 있는 D에 찾아가 술을 마시던 중 위 업소 종업원인 피해자 E( 가명) 을 테이블에 앉힌 후 “ 원 샷 한잔 당 팁을 주겠다.

The term “the victim” refers to “the victim committed an indecent act by putting the victim into the chest of the victim and forcing him/her to commit an indecent act.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act applicable to the crime, the selection of a fine (the agreement that the victim does not want punishment, the degree of exercise and prosecution, the absence of a criminal record other than suspended sentence, the circumstances of the crime, etc.) under Article 298 of the Criminal Act, the selection of fines;

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

As such, an order to disclose or notify the defendant 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 shall not be issued.

Whether the defendant has been punished for age, occupation, and sex offense of the defendant exempted from the employment restriction order.

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