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(영문) 서울북부지방법원 2019.09.26 2019고정987

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B(the age of 57) are between the neighbor and the neighbor and the C Service Organization's volunteer activities.

피고인은 2018. 2. 중순경 서울 동대문구 D아파트 제2경로당에서 피해자와 이야기를 나누던 중 갑자기 피고인의 옆에 앉아있던 피해자의 귓불을 손으로 수회 만져 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements of victims - confirmation of the intention of punishment, etc.);

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

1. Articles 70 (1) 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;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 obligated to submit personal information to the competent agency pursuant to Article 43(1) of

In full view of the Defendant’s age exemption from the disclosure and notification order of personal information, the risk of recidivism, motive for the instant crime, details and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure 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

The defendant's age of exemption from employment restriction orders, the risk of recidivism, and this.