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(영문) 서울중앙지방법원 2015.06.05 2015고단786

강제추행

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

On January 5, 2015, at around 23:50, the Defendant: (a) led the head debt to the victim D (Inn, 39 years of age) who passed along the street in front of Gwanak-gu in Seoul Special Metropolitan City; (b) led the head debt to the victim’s own hand; (c) led 4 times her mar with his mar, and (d) took the bath of “cirls”, and tried to use her sarbly, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports ( listening to shote E phone statement);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. Where a conviction on a sex crime subject to registration and a sex offense subject to registration becomes final and conclusive due to a serious degree of damage caused by an indecent act on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the registration of personal information and a conviction on a sex crime subject to registration to be submitted, such as the fact that the defendant has no same record, and has recognized and reflected the mistake, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, effect on the protection of the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.