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(영문) 대전지방법원 2014.01.29 2013고단4190
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 14, 2013, around 08:20 on September 14, 2013, the Defendant laid off his clothes from the male house or the water surface room of the fourth floor of Seo-gu Daejeon, Seo-gu, Daejeon, with the sexual flag of the victim D (20 years of age) who was divingd.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Articles 299 and 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 judgment of conviction against a defendant on the criminal facts subject to registration becomes final and conclusive with respect to the degree of indecent conduct on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no other criminal records, other than the one-time fine, and reflectivity, etc., 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 the defendant is obligated to submit personal information to the head of a police agency having jurisdiction over his/

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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