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(영문) 전주지방법원 군산지원 2016.11.04 2016고단451
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 November 2015, 2015, the Defendant found the victim D (nive, 84 years old) who was located in Gunn-si, Sinsan-si, Sinsan-si, and was in the inside bank at the victim’s residence, called “Wanma,” and approached close to the victim, and taken the shoulder behind the victim’s like the victim, etc., as the victim was in charge of the victim’s chest, and put the victim’s chest into the back of the rubber line.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Article 298 of the Criminal Act applicable to the facts constituting the crime, the selection of a fine (including where an agreement is reached smoothly with the victim);

1. Articles 70 (1) 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 to order sexual assault treatment programs;

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the defendant 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

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 entrance due to such 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 disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and

(b) for more than one year.

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