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(영문) 서울서부지방법원 2018.02.09 2017고단3387

강제추행

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On April 30, 2017, at around 02:50, the Defendant, at a mutual club called “D” located in Mapo-gu Seoul Metropolitan Government, was able to look at the part of the victim E (n, 26 years of age) who had danced in the front of the Defendant, and her her her her her son.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made to the defendant in the protocol of interrogation of the suspect;

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. When a conviction on a sex offense subject to registration and submission of personal information becomes final and conclusive on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, such as the fact that the defendant committed a mistake in the course of serving the sentencing in this court, and commits a criminal offense subject to the 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 obliged to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the proviso of Article 50(1) proviso.