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(영문) 서울중앙지방법원 2016.09.21 2016고단3119

강제추행

Text

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

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

Reasons

Punishment of the crime

On March 4, 2016, around 21:45, the Defendant 21:45, the Defendant talked with the victim E (here, 20 years of age) who had talked with the school-friendly districts in front of the D week located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, about two times as he / she seems to use the victim’s her humb to the upper part.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not show memory due to the breath of the sentencing of the Criminal Procedure Act, but recognizes the victim's statement and recognizes the victim's statement, even according to the victim's statement and witness's statement, the defendant was under the influence of alcohol at the time, even though there was several previous convictions, but there was no previous convictions or severe criminal records at the time, and the sentencing conditions specified in the arguments, such as the method and degree of the indecent act in this case, the defendant's age, sex, family environment, and circumstances before and after the crime, shall be determined by taking into account the sentencing conditions specified in the arguments

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission 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

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.