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(영문) 서울서부지방법원 2012.07.26 2011고정2325

강제추행

Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 24, 2011, at around 22:50, the Defendant discovered the victim D (23 years of age) who was going from the stairs going to open the entrance in the Seodaemun-gu Seoul Western Crup, Seoul, and found out the victim D (23 years of age), fright to force the victim to commit indecent act, and fright to the victim's side, and fluencing the victim's left chest to the right blue, with the victim's right blue, with the victim's left chest, and flue the victim by force.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement by the prosecution concerning D;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant laws and Articles 298 of the Criminal Act concerning facts constituting an offense;

1. In a case where a person subject to registration of personal information in accordance with Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is found guilty of a crime of indecent act by force against a defendant who has registered personal information in a workhouse, the defendant is obligated to submit personal information to the chief of the competent police station pursuant to Article 33 of the same Act.

However, the disclosure and notification order of registered information needs to be careful in that it may have a serious impact on the rehabilitation of the defendant, and in this case, it is determined that the registration of personal information alone constitutes a case where there are special circumstances such as preventing recidivism of the defendant and preventing sexual crimes. Thus, the disclosure and notification order of registered information is not required.