beta
(영문) 서울중앙지방법원 2016.11.04 2016고단6220

강제추행

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 24, 2016, at around 17:55, the Defendant committed an indecent act by taking the victim’s her mor, her mort from the elevator, which was driven by the victim C (V, 22 years of age) who was driven by the elevator with drinking alcohol in the second floor of the building in Sungnam-gu, Sungnam-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a fine (including the violation committed by an indecent act, the degree and degree of such indecent act, and the fact that it does not exist

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. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention effect of sexual crimes subject to registration which may be achieved therefrom, effect on the protection of the victim, etc., the disclosure order and notification order shall not be issued to the Defendant on the grounds that there are special circumstances that may not be disclosed or notified of 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, etc. of Children

It is so decided as per Disposition for the above reasons.