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(영문) 대구지방법원 포항지원 2017.01.12 2016고단248
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2015. 11. 16. 02:45 경 포항시 북구 B 맨션 앞 계단에서 술에 취하여 앉아 있던 중 그곳을 지나가던 피해자 C( 여, 18세) 와 피해자 일행이 피고인을 깨우자 갑자기 옆에 있던 피해자의 팔짱을 끼고 손등으로 피해자 가슴을 누르며 “ 저기 좀 같이 가자 ”라고 말하며 피해자를 힘껏 끌어당겨 강제로 추행하였다.

Summary of Evidence

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 298 of the Criminal Act and the choice of fines concerning the relevant criminal facts;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: In the event a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, taking into account various sentencing factors indicated in the record, such as Defendant age, sex behavior, environment, and conditions before and after the crime, etc., and personal information is subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act, since it becomes a person subject to registration of personal information under Article 42(1) of the same Act, inasmuch as the Defendant is a person subject to registration under Article 43 of the same Act, and the Defendant is obligated to submit personal information in accordance with Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, seriousness of the crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the effectiveness of preventing sexual crimes subject to registration that can be achieved therefrom, and the protection of victims.

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