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(영문) 대구지방법원 2016.11.04 2016고합273
강제추행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 21:00 on April 14, 2014, the Defendant committed an indecent act against the victim while drinking alcohol with the Victim F (F, 20 years of age) at the E main store located in Daegu-gu D.

The Defendant shouldered the victim, and her her son with his her son with his her sonm between the son who was seated by the victim and his son.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The witness G and part of each legal statement of C;

1. Application of the statutes governing text messages;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The determination on the establishment of the crime of indecent act by compulsion is difficult to readily conclude that the defendant has the habition or recidivism risk of a sexual crime in light of the circumstances such as the background of the crime in this case, the relationship with the victim, the defendant’s age, character and conduct, occupation, home environment, and social ties, etc. Taking full account of the social benefits expected by the disclosure order and notification order, the effects expected by the prevention of sexual crimes, and the disadvantage and anticipated side effects of the defendant, etc., the defendant’s personal information should not be disclosed and notified.

1. At the time of the argument of the defendant and his defense counsel, the defendant drinks alcohol together with the victim, G and his wife C.

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