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(영문) 서울서부지방법원 2014.01.15 2013고단2849

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 03:00 on September 8, 2013, the Defendant discovered the victim E (year 42) out of a soup drying bank located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and attempted to commit an indecent act against the victim, and led the victim to a loss by taking advantage of the victim's side knife at one time.

Accordingly, the defendant committed indecent acts by using the victim's state that he could not resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense. Article 298 (Selection of Punishment of Fines)

1. Where a judgment on the registration of personal information under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43 of the same Act

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of resatising) on the defendant's military force.

It is so decided as per Disposition for the above reasons.