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(영문) 제주지방법원 2016.12.15 2016고단1920

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 30, 2016, at around 03:00, the Defendant reported the victim E (the name, the age of 19) coming from the front part of the “D” located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, to dance at the main point of “D”, which is located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the Defendant took charge of the victim’s chest with his left hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A, E, and F;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the F phone recordings and statement summary reports), investigation reports (investigation into the victim's telephone recording and statement summary reports);

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 defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant

In full view of the Defendant’s age, occupation, family environment, social relationship, risk of repeating a crime, details of the crime, the process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that may be achieved through an order to disclose information, the disadvantage of the Defendant to the public, etc. by exempting the order to disclose personal information, there seems to be 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, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children

Therefore, it is not ordered to disclose or notify the personal information registered with the defendant.

The defendant is justified for sentencing.