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(영문) 서울서부지방법원 2014.10.08 2014고단1792

강제추행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 21, 2014, around 23:35, the Defendant: (a) reported the victim E (n, 30 years of age) who passed around the Eunpyeong-gu Seoul Metropolitan Government and D’s restaurant; and (b) followed the female, followed by his hand, committed an indecent act on the female by force.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant mistakenly recognized and reflects the fact that the victim does not want the punishment of the defendant, and the conditions of sentencing, such as the defendant's age, character and conduct, environment, criminal records, motive and method of the crime, circumstances after the crime, etc., shall be equally considered and determined as the order.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused 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 the competent agency pursuant to Article

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the personal information shall not be disclosed and notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.