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(영문) 대전지방법원 천안지원 2017.05.19 2017고단189
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 12, 2016, the Defendant discovered that the “D convenience store located in Asan City C” on the front of the “D convenience store” in the front of the “D” road in the Asan City, and the victim E (nick, 21 years of age, 21 years of age) is mixed with one another, found the tea phone number, expected the head to be the shoulder of the female, and the victim “hysday”.

“The Defendant,” and the Defendant was hicker, followed, put the Defendant on the shoulder of the Victim, prevented the Victim from resisting the Victim’s satis in a satisfing manner with his hair in a satisfing manner, and trying to talk with the Victim’s satisf, and, as such, he did not have a satisf with the Victim’s hand in front of the Victim.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on screen pictures and CDs by capturing each photograph, each CCTV image, and by capturing out CDs and cellular phones;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice 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. Where a conviction becomes final and conclusive on the facts constituting a crime subject to the registration of personal information in the holding that the sentencing of Article 334(1) of the Criminal Procedure Act is the first offense for which the provisional payment order is imposed, reflects the fact, and the degree of conduct by which the personal information is registered, it constitutes 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 thus, it is obligated to submit personal information to a competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, content 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 that may be achieved therefrom, and the protection effect of the victim.

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