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(영문) 대전지방법원 2015.10.02 2015고단2915
강제추행
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 6, 2015, from around 22:33 to 22:37 the same day, the Defendant: (a) was on board the train No. 179 of the Seoul FTX KX 179, and was under the influence of alcohol and was under the control of the victim C (the 29 years old), who was a crew member of the 7-8 train, and was requested to present boarding passes; (b) the victim was under the control of the disturbance due to a large voice, and was under the control of the victim C (the 29 years old), who was the crew member of the 7-8 train, and was asked to produce boarding passes; and (c) the victim was able to write down twice the left ambane with the defect of the paragraph, and thus, the victim committed an indecent act against the victim by forcing the victim by force by pushing the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Where a judgment to submit personal information under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused is a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of a competent police agency pursuant to Article 4

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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