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(영문) 서울동부지방법원 2017.09.22 2017고단2004

준강제추행

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

around 03:00 on April 29, 2017, the Defendant committed an indecent act by taking advantage of the victim’s resistance impossible condition by exposing knee of the victim E (n, 25 years of age) who was divingd on the floor of the area, knee of the victim E (n, kne, kne, knebbbbbbbs).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, the selection of fines (the confessions, the degree of conduct of the confessions, the degree of conduct of the punishment does not exceed the same kind and the fact that there is no previous conviction exceeding the fine, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, which constitutes a sex offense subject to registration, 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 the Defendant is obligated to submit personal information to the competent agency pursuant to Article

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.