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(영문) 서울서부지방법원 2015.09.24 2014고단3585

강제추행

Text

Defendant

A shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A, around August 30, 2014, around 00:10 on August 30, 2014, discovered that the victim E (n, 30 years of age) gets together with his/her daily behaviors, and A, with his/her own left hand, committed an indecent act against the victim by forcing him/her to move his/her her own boom, with his/her left hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning the F;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes on the closure of the screen picture;

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. When a conviction on a crime of indecent act by compulsion in the judgment, which constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, Defendant A 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 a related agency

In light of the Defendant A’s age, occupation, risk of recidivism, motive, method of committing the instant indecent act by compulsion, seriousness of the consequence and crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant A’s injury resulting from the said order, prevention of sexual assault crimes subject to registration, effect of protection of the victim, etc., in full view of a comprehensive consideration of the following: (a) and Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; and (c) thus, the Defendant A shall not be ordered to disclose or notify personal information.

The reason for sentencing is the age of Defendant A, character and conduct, environment, etc. of Defendant A, all the sentencing conditions shown in the argument of this case, and the fact that Defendant A is the primary offender.