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(영문) 서울남부지방법원 2018.12.07 2018고단4464

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 15, 2018, at around 05:45, the Defendant found the victim E who danced with his/her friendship in Seocho-gu Seoul Metropolitan Government, and committed an indecent act by force by putting the victim's ties and hands over with his/her ties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on consideration of the method, contents, etc. of the instant crime, and considering the first offender who has no record of criminal punishment, etc., the sentence identical to the order shall be imposed by taking into account the following factors: the Defendant’s age, sex, environment, family relationship, circumstances of the crime, and circumstances after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, criminal record, risk of recidivism, type of the instant crime, motive, process of the crime, age of the victim, relationship with the victim, degree and anticipated side effects of the Defendant’s disadvantage and anticipated side effects, registration of personal information, order to complete a program or order to attend a course, the effect of protecting the victims, etc., there are special circumstances in which the disclosure of personal information, order to disclose or notify personal information, and order to restrict employment should not be issued.

Since it is judged, each of the above subparagraphs is against the defendant.