beta
(영문) 서울중앙지방법원 2014.10.07 2014고단4698

강제추행등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. At around 03:00 on April 22, 2014, the Defendant: (a) reported the victim D (Gain name and age 59) with the site under the influence of alcohol in the front of Dongjak-gu Seoul Metropolitan Government C, and (b) committed an indecent act by force by force against the victim on his/her hand, with his/her left hand, with his/her chest on the part of the victim who was able to have his/her chest covered by the victim; and (c) committed an indecent act by force.

2. The Defendant committed assault against the victim on the same date, at the same place, by preventing the victim from falling short of the table and clothes of the victim who was in danger of escape due to defects in the above act, at the same time and place.

Summary of Evidence

1. D's legal statement;

1. Application of Acts and subordinate statutes to photographs taken to cover a 112 reported case processing details and CCTV important pages;

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Limits to Total Amount of Two Crimes)

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

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, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., it is determined that there are special circumstances under which personal information should not be disclosed or notified.