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(영문) 서울남부지방법원 2018.05.30 2018고단100

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 June 28, 2017, at around 21:55, the Defendant taken a photograph of the victim E (one’s name, half, 24 years old) and the victim’s male-friendly vehicle in the neighboring parking lot located in Gangseo-gu Seoul Metropolitan Government, as a mobile phone, to conduct a petcing within a car parked by the victim’s male-friendly district, and it was discovered by the male-friendly district of the victim, while the victim was absent from one another.

“Indecently, the victim’s face was rhyd with the victim’s own hand.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. Application of the statutes on images of CDs attached to an investigation report (on-site CCTV verification);

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. The punishment as ordered shall be determined by taking into account the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances leading up to and degree of criminal conduct in sentencing, and other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, etc.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.