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(영문) 서울서부지방법원 2017.08.09 2016고단2243

강제추행

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 7, 2015, the Defendant, at around 12:05, committed an indecent act by force against the victim’s son, etc., who is waiting for the signal on the crosswalk B in front of Yongsan-gu Seoul Metropolitan Government, with the victim C (V, 40 years of age) who is waiting for the signal.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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

1. Where the conviction of the instant personal information registered in accordance with Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 a related agency pursuant to Article 43 of the said Act.

However, there is no record of punishment for the same crime, and only the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.