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(영문) 대구지방법원경주지원 2020.12.23 2020고단446
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 4, 2020, at around 01:05, the Defendant committed an indecent act by force against the victim, following the victim D (n, 22 years of age) who had been located in front of the carter in order to change the singing at the C main point of the racing on July 4, 2020.

Summary of Evidence

1. Application of the police investigation report on the defendant's statement on the defendant's legal statement D (Attachment of a photograph by cutting off CCTV images at C main points) and the investigation report (Attachment of CCTV images at C main points to CDs)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Article 298 of the Criminal Act concerning the choice of punishment;

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 the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 186 (1) of the Criminal Procedure Act bearing litigation costs under Article 334 (1) of the Criminal Procedure Act;

1. In light of the following: (a) an order to disclose personal information; (b) an order to disclose or notify the personal information; (c) the Defendant’s age, occupation; (d) the risk of recidivism; (c) the motive and method of committing the instant crime; (d) seriousness of the crime; (c) the degree of disadvantage and anticipated side effects of the Defendant’s entrance; and (d) the prevention and effect of sexual crimes subject to registration that may be achieved therefrom; and (e) an order to disclose or notify the personal information of the Defendant pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (d) the proviso to Article 49(1); and (e) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (e) the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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