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(영문) 서울동부지방법원 2014.06.20 2014고단142

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 January 15, 2014, at around 22:43, the Defendant, at the Gangdong-gu Seoul Underground CPC room, committed indecent act by force on the part of the victim, who was an employee, D (Woo, age 21).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of ct-V photographs Acts and subordinate statutes

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The fact that the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order do not reach an agreement with the victim, and that the two or more suspended executions and five previous criminal records were sentenced to a fine due to the crime committed by this type

On the other hand, the fact that the defendant recognized the crime of this case and is against the social relationship is favorable to the defendant.

Here, the method and result of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the instant crime, Defendant’s age, character and conduct, family environment, etc., shall be determined as per the disposition.

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be 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 shall be obligated to submit personal information to the relevant agency, as prescribed in Article

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and 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 protecting the victim, etc., the exemption order of disclosure or notification order shall be comprehensively considered.