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(영문) 서울중앙지방법원 2014.12.12 2014고단7158

강제추행등

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 July 3, 2014, around 22:20 on July 3, 2014, the Defendant, as the Defendant’s hand, committed an indecent act by force on the part of the victim E (the 28-year-old age) and the chest and breast, which had been going to the Defendant’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (statements by 112 reporters at the site and application of statutes to field CCTV investigations);

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

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Reduction of Liability;

1. Articles 70 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. In the sentencing of Article 334(1) of the Criminal Procedure Act, the defendant for the reason of sentencing under Article 334(1) of the provisional payment order paid an amount of eight million won to the victim, and the victim has no previous record of the defendant who did not wish to punish the defendant, and the victim has a duty to submit personal information to the competent agency pursuant to Article 43 of the same Act, where the judgment of conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information in consideration of the defendant's age, occupation, character and conduct, family relationship, social relationship, circumstances before and after the crime, etc.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order shall be issued against the Defendant, given that there are special circumstances where the disclosure of personal information may not be disclosed or notified.