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(영문) 대구지방법원 2015.01.15 2014고단5788
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 12, 2014, the Defendant, at around 01:50, 01, performed alcohol in the “D” located in the Daegu Dong-gu, Daegu-gu, and had the victim E (the age of 54), who is another customer, singing out above the stage, committed an indecent act by force on the part of the victim, by drinking the victim E (the age of 54) in a manner that makes indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

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

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 judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered under Article 334(1) of the Criminal Procedure Act, 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 obliged to submit the personal information of the Defendant to the head of the competent police office pursuant

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is that the defendant commits an indecent act by putting his her mackt on two occasions, but the defendant commits an contingent crime after committing the crime.

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