(영문) 서울서부지방법원 2018.09.19 2018고단2294



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

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


Punishment of the crime

On May 28, 2018, around 23:50 on May 28, 2018, the Defendant committed an indecent act by force on the part of the victim D (Inn, 28 years of age) who had danced in Mapo-gu Seoul, Seoul, by committing an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine (to reflect his/her mistake, to the effect that he/she does not want the punishment of a defendant by mutual consent with a victim, to the point that he/she is the primary offender, and to the extent of an indecent act, etc.

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

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted: (b) the risk of re-offending is low in light of the details and circumstances of the crime; (c) the initial offender is expected to have the effect of preventing recidivism by registering personal information and ordering a sexual assault treatment program; and (d) the Defendant’s age, environment, occupation, and benefit expected by an employment restriction order; and (e) the effect of preventing sex crimes; and (e) the disadvantage and anticipated side effects of

I think)

Where the conviction of this case 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 obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

However, it can be effective to prevent recidivism to a certain extent only with the initial crime, the registration of personal information.

In light of the fact that the personal information can not be disclosed, there are special circumstances that may not be disclosed.