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(영문) 서울동부지방법원 2016.11.29 2016고단2819

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 11, 2016, at around 03:25, the Defendant committed an indecent act by force against the victim F(M, 20 years of age) following the victim F(E) who danced at “E” main points located in Gwangjin-gu Seoul Special Metropolitan City D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on investigation (a wooden currency, etc.);

1. Application of investigation reports (CCTV perusal, etc.) and CCTV video-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. A fine of two million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as provided by Article 59(1) of the Criminal Act, 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 competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

The reason for sentencing is against the defendant who has committed an offense, and there is no criminal punishment history, and the defendant has agreed with the victim on November 3, 2016, the form and degree of indecent act, the circumstances leading to the commission of the offense, and the circumstances before and after the commission of the offense, etc. shall be determined by the above punishment.