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(영문) 서울중앙지방법원 2015.07.17 2015고단2490

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 2, 2015, at around 23:40, the Defendant placed her hand in the mar of the victim D (V, 24 years old) located in the front of the Defendant in the Emarc region of the Dongjak-gu Seoul Metropolitan Government Saridong 144-4, the Defendant committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Optional fine;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the Provisional Payment Order: The defendant is the first offender, and the defendant is guilty and reflects his/her fault. Circumstances that the victim does not want punishment against the defendant are unfavorable: Once judgment of conviction is confirmed on the facts of a sex crime subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information

In light of the defendant's age to be exempted from disclosure or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage and expected side effects, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., it is determined that there are special circumstances that the disclosure or notification of personal information shall not be disclosed or notified. Thus, in accordance with 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 of Children and Juveniles against Sexual Abuse