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(영문) 대전지방법원 2013.12.11 2013고단3167
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 8, 2013, at around 21:35, the Defendant provided meals at Dcafeteria located in Daejeon-gu Daejeon, Daejeon-gu C, and committed an indecent act by force against the victim E (here, 49 years of age) who is an employee of the said restaurant in front of the said restaurant, only one time against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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 against Order to attend lectures;

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive with respect to the facts constituting an indecent act on the grounds of sentencing 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 the head of a police office having jurisdiction over his/her domicile pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, criminal record, motive and background of indecent act, degree of indecent act, anticipated side effects and expected side effects of the Defendant’s disadvantage due to an order or notification order, prevention and effect of sex crimes subject to registration that may be achieved therefrom, protection effect of victims, etc. As such, it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the order or notification order shall not be issued to the Defendant.

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