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(영문) 대전지방법원 2019.11.21 2019고단3225
준강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 17, 2019, the Defendant, around 21:00 to 22:00, Daejeon Dong-gu building x B x at the house of the victim C (n, 19 years of age) in the head of the Dong-gu x the victim who was divingd, by inserting his hand into the upper and brogate of the victim who was divingd, and became the chest of the victim.

Therefore, although the victim was shouldered by the victim at the time, the rest of the victim was faced, the defendant thought that the victim continued to be locked, and that the victim was locked, and that the victim was spanty and the victim was spanty and the victim was spanty.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes on dialogue photographs;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information

In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances in which the disclosure and notification of Defendant’s personal information or the issuance of employment restriction orders to children and juveniles-related institutions and welfare facilities for disabled persons should not be ordered. As such, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc.

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