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(영문) 서울북부지방법원 2013.09.04 2013고단1583

준강제추행

Text

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

Where the defendant fails to pay the above fine, 510,000 won shall be the day.

Reasons

Punishment of the crime

On June 17, 2013, from around 06:07 to around 06:10, the Defendant discovered out that the victim D(n, 21 years old) was in a state of being unable to resist because of locking over three minutes in the Cumping room located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant dump was able to fill up the victim’s bucks with his left hand, and write up about 3-4 parts of the victim’s drinking part on the part of the victim’s bucks entered.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances under which the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant with reasons for sentencing has no record of being punished for the same crime, and recognizes the crime of this case.