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(영문) 대구지방법원 서부지원 2016.08.04 2016고단920
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 April 24, 2016, around 20:15, the Defendant found the victim D (tentative name), who was aware of son, and committed an indecent act by force on the part of the victim, as the Da Da son was kn’s hand, and the Do kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’ss kn’

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D (tentative name) and E;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act of the choice of punishment, and the choice of a fine (the confession and reflection, the degree of indecent act by force is minor, and the defendant has no criminal record of the same kind);

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 in regard to the facts constituting a crime on which the personal information is registered 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 a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of committing the instant crime, 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 which 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 announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso to the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged that the defendant does not issue an order of disclosure or notification to the defendant.

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