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(영문) 서울남부지방법원 2017.11.29 2017고단3122

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 April 22, 2017, around 05:03, the Defendant: (a) reported the victim D (here, 23 years of age) who passed a passage within the main point of “C” under the Gwanak-gu Seoul Special Metropolitan City Underground “C” and committed an indecent act by force against the victim by spreading out his own left hand to the chest of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of C CCTV copy CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the defendant's chest of the victim himself and gave sexual humiliation and aversion to the victim, the fact that the damage has not been recovered is a disadvantageous condition, the confession of his mistake and reflects it, the primary offender is a favorable condition, and other conditions for sentencing as indicated in the record and change theory are considered as a whole.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 4

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is subject to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.