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(영문) 서울중앙지방법원 2015.06.26 2014고단6825

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 17, 2014, at around 17:29, the Defendant committed an indecent act by force against the victim D (at the age of 25) who was coming from the adjacent B apartment in Jung-gu Seoul, Jung-gu, Seoul, on the part of the elbow part of the Defendant’s arms and the part of the victim’s breast part was pushed down.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) have the same record of committing the instant crime, and the Defendant did not reach an agreement with the victim, taking into account the following factors: the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after committing the instant crime, the sentence identical to the order shall be determined.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information 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 is obligated to submit personal information to the competent agency pursuant to Article 43

In light of the fact that the Defendant is a U.S. person and does not use the Korean language and does not reside in the Republic of Korea, the Defendant is deemed unable to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. As such, the Defendant is exempt from an order

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order.