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(영문) 서울중앙지방법원 2016.11.11 2016고단5011

강제추행

Text

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

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

Reasons

Punishment of the crime

The Defendant, around 20:00 on September 26, 2015, while selling long-term credit products such as asphalt in the front of Gangnam-gu Seoul Metropolitan Government, discovered the victim D (the age of 35) that passed ahead of the trade, and found the victim D (the age of 35) with left hand, thereby leaving the victim's shoulder, thereby leaving the victim's shoulder up to the right hand, and the victim's her her her her her her her her her her her her her her her her her her her her her b

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the reason for sentencing of the sentence of Article 16(2) proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the defendant appears to have been unable to expect smooth implementation of orders due to a foreigner’s lack of communication in Korean language, and thus it is difficult to achieve the effectiveness of preventing recidivism of sexual crimes; and (b) the overall fact that a mistake is recognized and reflected in the sentence; (c) the defendant’s age, character and behavior, environment, circumstances

Where a conviction becomes final and conclusive on a crime stated 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

The defendant's age, occupation, risk of repeating a crime, motive, method of committing the crime of this case, seriousness of the crime and order to disclose personal information.