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(영문) 서울동부지방법원 2017.04.28 2017고합33

준강제추행

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 27, 2016, at around 05:12, 2016, the Defendant d 1st floor E or on the water surface room in Gwangjin-gu Seoul Special Metropolitan City, and was frying soup and frying softened on the side page of the victim F (name, south, age 28) who was in an unsatisfy situation, and she committed an indecent act by spreading his/her hand over and spreading his/her sexual organ to the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Entry in a police investigation report (CCTV investigation) and application of video-related Acts and subordinate statutes contained in the CCTV images CDs attached thereto;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, and Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, consequences and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the instant sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, special circumstances that may not disclose personal information pursuant to the proviso to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Since it is judged, if a judgment of conviction is finalized on the criminal facts in the judgment against the defendant who is obliged to submit new information and file a notification order with the defendant, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.