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(영문) 서울중앙지방법원 2018.12.20 2018고정2512

강제추행

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On August 12, 2018, around 00:10 on August 12, 2018, the Defendant committed an indecent act by force against the victim E (the 62-year age) who was aware of the face of D apartment house 109 Dong 1208, which is the Defendant’s residence in Gangnam-gu Seoul Metropolitan Government, with his own hand, and by putting the face of the victim E (the 62-year age) known to his own hand, with his own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure 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 relevant agency pursuant to Article 43 of

When comprehensively considering the risk of recidivism, the type, motive, content, and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to an order of disclosure or notification, the prevention of the sex crime subject to registration that may be achieved therefrom, and the effects of the protection of the victim, etc. of the defendant exempted from the order of disclosure or notification of personal information, there are special circumstances in which the disclosure of personal information may not be disclosed pursuant 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, it is not ordered to disclose or notify the defendant.

The defendant's risk of recidivism, the type, motive, details, and result of the crime, the employment restriction order of the defendant exempted from the employment restriction order will be disadvantageous to the defendant.