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(영문) 대구지방법원 2018.05.31 2017고단6371
강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 18, 2017, the Defendant forced the victim to commit an indecent act by finding out the victim C (20 years of age) seated at the bus stops in Nam-gu, Daegu-gu, Daegu-gu, Seoul-gu, and by making up two times the parts of the victim’s bucks that he/she was seated (20 years of age).

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

The reason for sentencing is that the defendant denies the crime and commits the crime during the period of repeated crime.

However, the degree of the instant indecent act is not limited, and the circumstances in which the victim does not want punishment are considered, and the sentencing conditions such as the Defendant’s age, sex, family relationship, criminal records, the background of the instant case, and the subsequent progress are determined by comprehensively taking account of the circumstances in which the victim does not want punishment.

A judgment of conviction shall be finalized on the facts constituting a sex offense subject to the registration and submission of personal information.

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