beta
(영문) 의정부지방법원 2013.11.13 2013고정1594

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is not aware of the victim B(n, 29 years of age).

On September 3, 2012, around 17:10 on September 3, 2012, the Defendant committed an indecent act against a female by putting the victim facing “D” in front of the Government-Si, and by putting him in front of the female and raising him to the right chest by hand.

Summary of Evidence

1. An interrogation protocol of the police against the accused (second time);

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where 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 is found guilty of a crime committed by indecent act against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act, and such judgment becomes final and conclusive, the defendant is obligated to submit personal information to the chief of the competent police station as prescribed in Article 43

In full view of the fact that there has been no record of punishment for sexual crimes so far, the Defendant’s age, occupation, type and motive of the instant crime, the process and consequence of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant due to the disclosure order or notification order, and the prevention effect of sexual crimes subject to registration that may be achieved therefrom, etc. As such, the Defendant is not subject to the disclosure order or notification order, given that there are special circumstances that may not disclose or notify personal information as prescribed in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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