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(영문) 서울중앙지방법원 2015.09.25 2015고단4995

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 13, 2015, at around 08:25, the Defendant discovered the victim E (inn, 23 years old) who was getting off the subway from the subway line 3 lines located in Jung-gu Seoul Metropolitan Government, to get up the subway from the second underground to the first underground floor through the F fever, and committed an indecent act on the victim's right chest by force.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Optional 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;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was sentenced to a suspended sentence of two years and six months on March 17, 2006 due to the indecent act by force on March 17, 2006, and there was no record of the same kind of force before the instant case. The degree of indecent act in this case is not serious, and the defendant was found guilty and seriously reflects the defendant’s mistake. The defendant was detained for a considerable period of time in this case. However, if the conviction on the criminal facts in the judgment, which are crimes subject to the registration of personal information that the victim wanted to punish the defendant, becomes final and conclusive, 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, and thus, the defendant

In light of the Defendant’s age to be exempted from disclosure or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and protection effect of the victim, etc., the punishment of sexual crimes shall be punished.