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(영문) 서울서부지방법원 2013.10.23 2013고단1999

강제추행등

Text

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

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 01:40 on March 11, 2013, the Defendant committed an indecent act by force against the victim E (the 27-year age) who gets out of and return to the stage in Yongsan-gu Seoul, by reporting the victim E (the 27-year age) at the victim’s body, Daca ki, coming up with the Defendant’s body, coming up with the Defendant’s knife, coming up with the Defendant’s knife, and her knife, going up to the Defendant’s body, and her knife the victim’s knife, going up to the Defendant’s body, her knife the victim’s knife, and her knife.

2. In the same date, time, and place as mentioned in the above 1. Paragraph 1., the injured Defendant reported the Defendant’s indecent act of the Victim F, E, as seen above, and committed an injury, such as felling the victim’s face, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes on death diagnosis certificates and damaged photographs;

1. Relevant Articles 298 and 257 (1) of the Criminal Act concerning criminal facts. Article 298 and Article 257 (1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a judgment on the registration of personal information under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.

It is so decided as per Disposition for the above reasons.