beta
(영문) 서울중앙지방법원 2015.11.06 2015고단5852

준강제추행

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 July 9, 2015, around 09:10 on July 9, 2015, the Defendant committed an indecent act by taking the sexual organ of the victim D (year 42) who was divingd in the CJ or male resting room in Dongjak-gu Seoul Metropolitan Government, by taking advantage of the state of refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts (Selection of fines: Consideration of the fact that the defendant has no record of the same kind of crime, and is against the defendant);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a competent agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protection of the victim, etc., the Defendant’s exemption order or notification order of personal information shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, given that there are special circumstances where the disclosure or notification of