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(영문) 서울중앙지방법원 2016.03.25 2015고단8325
강제추행
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 15, 2015, at around 00:15, the Defendant committed an indecent act on the part of the Dongjak-gu Seoul Metropolitan Government, with the victim C (M, 23 years old) who was walking on the front side of the part of the Defendant, and with the left hand, the Defendant committed an indecent act on the part of the Defendant in a manner that the victim’s left her part her part her part her part her part her part her part her part her part.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Application of laws and regulations on police statements made to C and D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. If a judgment of conviction on a crime that constitutes a sex offense subject to the registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, on the ground that it is a person subject to registration of personal information under Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in consideration of all elements of punishment, such as the defendant's age, occupation, sex, family relationship, and circumstances after the crime, etc.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed 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.

Since it is judged, the disclosure order and notification order against the defendant.

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