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(영문) 서울동부지방법원 2016.01.21 2015고단3387

강제추행

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 7, 2015, at around 00:05, the Defendant committed an indecent act by force against the victim by committing an indecent act against the victim D (Influence, 43 years of age) who read the stairs in order to leave the toilets in the toilets, following the Defendant’s attempt to commit an indecent act against the victim by forcing the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act with regard to criminal facts, the choice of fines (including the fact that the defendant agreed with the victim, the defendant has no record of the same kind of crime with respect to the defendant, and the degree of indecent conduct in the judgment is not relatively much severe);

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes excluding the provisions on reduction of and exemption from liability (the defendant and his/her defense counsel committed a crime in the mental and physical weakness of the defendant

However, Article 10(1) and (2) of the Criminal Act does not apply to the sexual crime of this case by the defendant

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which may be achieved due to such order, and the victim.