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(영문) 서울남부지방법원 2018.04.27 2018고단101

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 3, 2017, around 14:43, the Defendant discovered the victim E (the age of 33) in front of the ‘D' point located in Yeongdeungpo-gu Seoul Metropolitan Government, and committed an indecent act by force against the victim by using the victim's parts such as the victim's left hand to the parts of the Hebucks.

Summary of Evidence

1. Statement by the defendant in court;

1. E written statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the number of offenses, contents, etc. of the instant crime, and considering the following factors: (a) the Defendant’s mistake is against the Defendant; and (b) the primary offender who has no record of criminal punishment is the first offender; and (c) the Defendant’s age, sex, criminal conduct, environment, family relationship, circumstances after the commission of the crime, and all other factors on the records, such as the circumstances after the commission of

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.