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(영문) 서울중앙지방법원 2015.03.13 2014고단10172

강제추행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 22, 2014, at around 00:35, the Defendant committed an indecent act by compulsion by force against the victim, such as: (a) the victim F (n) who had danced with people and was in the Seocho-gu Seoul Seocho-gu (20 years old); (b) the victim’s remaining place was pushed back or attempted to talk with the victim; (c) the victim’s back to the victim’s back, while the victim’s back to the end, in which the victim’s fingers by inserting the hand into the part of the victim’s body, and only the part of the part of the victim’s drinking.

2. Around 01:00 on August 22, 2014, the Defendant damaged goods used by public offices, such as, at Seocho-gu Seoul Seocho-gu, the Defendant arrested a flagrant offender under suspicion of indecent act, etc., as above, and moved to a H box on the back seat of the patrol car No. 17 of the Seocho-gu Police Station, the patrol police station No. 17 of the Seocho-gu Police Station, with the protection partitions inside the patrol car falling off several times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and I;

1. Relevant Articles 298 and 141 (1) of the Criminal Act concerning criminal facts. Article 298 and 141 (1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Judgment that a sex offense subject to registration is subject to the registration and submission of personal information under Article 334 (1) of the Criminal Procedure Act;

1. Where a conviction becomes final and conclusive on the facts constituting the crime, 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 the competent agency pursuant to Article 4

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and sexual crimes subject to registration which may be achieved due to such order.