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(영문) 서울동부지방법원 2016.10.07 2016고단1540

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 April 1, 2016, at around 18:30, the Defendant found that the victim C (the victim, the name, the son, and the 20-year-old age) was frighted in front of Seongdong-gu Seoul Metropolitan Government, and followed up, the Defendant committed an indecent act on the part of the victim by forcing him to flick his right knift with his own left hand one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of CCTV images and neighboring CCTV video-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of fines (it is not so agreed, but it is against the defendant's recognition of the crime, the degree of indecent act is not excessive, and the defendant is an initial criminal with no record of crime).

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 offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to 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.