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(영문) 서울중앙지방법원 2014.11.05 2014고단6969

강제추행

Text

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

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

Reasons

Punishment of the crime

On August 8, 2014, at around 03:15, the Defendant, at around 03:15, 2014, brought the victim D (n, 22 years of age) who was fright around the second floor underground of the clubs located in Gangnam-gu Seoul Metropolitan Government, was flicked by the Defendant’s hand going toward the victim’s left chest with his mind to want to commit an indecent act.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive with respect to a crime subject to registration, which is a sex offense subject to the obligation to register and submit personal information in consideration of the Defendant’s age, character and conduct, family relationship, circumstances before and after the crime, etc., 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 competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

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