beta
(영문) 서울동부지방법원 2017.01.12 2016고단371

강제추행

Text

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

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

Reasons

Punishment of the crime

On January 17, 2016, around 00:50, the Defendant discovered the victim D (20 years of age) who walked with the marin in front of Gwangjin-gu Seoul Special Metropolitan City, and went through the left side of the female, and the Defendant’s hand was collected into the victim’s knife with the victim’s knife, and committed an indecent act by force against the victim by putting the victim’s hand into the victim’s knife.

Summary of Evidence

1. Statement of the witness D and E in the third public trial protocol;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

Taking into account the defendant's reasons for sentencing, the circumstances and attitudes of the crime of this case, the circumstances before and after the crime, etc.