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(영문) 서울동부지방법원 2018.01.18 2017고단3752

강제추행

Text

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

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

Reasons

Punishment of the crime

On July 3, 2017, around 03:02, the Defendant committed an indecent act in a way that spreads her son with the victim D, who was located in front of the c convenience store located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, and who was her son.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of CCTV CD-related Acts and subordinate statutes;

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 on the instant criminal facts is finalized against a defendant who is obligated to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general against him/her)

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other circumstances, such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure order and notification order, and disadvantages and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As such, a disclosure order or notification order shall not be issued to the defendant.