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(영문) 전주지방법원 군산지원 2016.04.26 2016고단8
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 27, 2015, the Defendant found the victim E (n, 20 years of age) that it was passed to go to this toilet while drinking alcohol together with drinking at the “D” house located in the south Sinpo City on August 27, 2015, and committed an indecent act on the victim’s right-hand bucks by rhing off the net hand and exposing the victim’s right-hand bucks.

Summary of Evidence

1. A witness E, F, and G’s respective statutory statements were made by the Defendant, and the victim kneek knee knee knee knebbbbbbbbbs by the Defendant. However, it is denied that there was no fact that the victim’s knebbbbbbs did not appear. However, the victim’s statements or the victim’s kne kne kne knes are consistent and credibility.

Application of Statutes

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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 sexual assault crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, 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, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified 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.

Since it is judged, it is ordered to disclose to the defendant.

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