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(영문) 서울북부지방법원 2015.05.14 2015고단533

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

At around 22:00 on December 8, 2014, the Defendant committed an indecent act on the part of the victim by inducing the victim B (n, 33 years of age) to be frighted at a mutual singing room located in the Jung-gu Seoul Metropolitan Government Sindong Port, and by inducing the victim B (n, 33 years of age) to be seen.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused;

1. Application of the police protocol protocol law to B

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 to attract a workhouse;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant is not serious in recognition of the crime, the initial crime, the agreement with the victim, and the degree of indecent act and the exercise of tangible force, etc., the court shall select a fine and determine the same type of punishment as the order.

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 pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect of a sexual crime subject to registration, the effect of protecting the victims, etc., there are special circumstances that need not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.