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(영문) 대구지방법원 2013.11.14 2013고단5528
준강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant, together with the victim, has participated in the name campaign and has come to sound with the victim.

피고인은 2013. 8. 11. 05:00경 경북 청도군 D 위 캠프 주최자 E의 별장 안 대청마루에서 피해자 F(21세)와 나란히 잠을 자고 있다가 피해자가 수면제를 먹고 잠들어 반항하지 못하는 상태를 이용하여 피해자의 성기를 만지고 혀로 피해자의 입술을 핥아 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Listening to the Eline Statement of Witnesses);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

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

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.

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