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(영문) 서울중앙지방법원 2015.05.08 2014고단9001

강제추행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 31, 2014, around 04:40 on August 31, 2014, the Defendant saw the victim E (n, 31 years of age) who was fright at the passage in Gwanak-gu, Seoul Special Metropolitan City, to commit an indecent act at this moment with the Defendant’s hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. The application of the law to the defendant's partial statement in the police interrogation protocol (the defendant denies the crime, but the victim's statement has credibility because the victim has made a specific and clear statement about the indecent act against the defendant even though the victim's statement was natural, so the defendant can be found guilty of the facts charged).

1. Relevant Article of the Criminal Act and Article 298 (Selection of 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 against Order to attend lectures;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances favorable to the defendant: There is no same criminal record against the defendant - Circumstances unfavorable to the defendant: The defendant does not deny the crime and does not reflect the defendant. 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, where a conviction against the defendant is finalized in relation to the criminal facts subject to registration of personal information. The defendant is a person subject to registration of personal information under Article 43 of the same Act, and is obligated to submit

When considering the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, etc. in comprehensive consideration.