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(영문) 서울남부지방법원 2015.10.16 2015고단3292

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 July 11, 2015, around 01:30 on July 11, 2015, the Defendant committed an indecent act by force against the victim D (here, 39 years old) who waits for the bus at the bus bus bus stops in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims of a sexual crime, etc. in light of a comprehensive consideration of the following: Article 47(1) and Article 49(1) of the Criminal Procedure Act; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, the order of disclosure or notification shall not be issued to the Defendant.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is 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

The reason for sentencing is that the defendant is led to the crime of this case, that the defendant has no criminal records of the same kind, that is not agreed with the victim, and the age, character, character and environment of the defendant.