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(영문) 서울중앙지방법원 2013.06.05 2012고단4384

강제추행

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On 23:38 on 09. 204. 23:38, the Defendant committed an indecent act against his will against the female’s will, such as: (a) the victim F (37 years of age, female) 41 on the ground that the victim F (37 years of age, female) was placed in order to purchase a water; (b) the victim f (hereinafter referred to as “F”) was placed in the middle-gu Seoul Metropolitan Government Da shopping mall 41, and (c) the victim f (hereinafter referred to as “F”) flick, and continuously flick the left part, and rhhh

Summary of Evidence

1. Legal statement of F;

1. Statement made by the police of the F;

1. A written statement;

1. A complaint;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Articles 70 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. 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 32(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 33 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances under which personal information shall not be disclosed pursuant to the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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