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(영문) 서울남부지방법원 2014.03.28 2013고단3687
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 10, 2013, at around 20:55, the Defendant: (a) directed the victim D (at the age of 22) to her scam by using friendly acid on the front side of Gangseo-gu Seoul Metropolitan Government; (b) committed an indecent act against the victim’s shoulder and scambling with his arms.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 70 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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order is based on the following: (a) the Defendant did not have any record of criminal punishment; (b) the Defendant denies the instant crime; and (c) the details, means, methods, and results, etc. of the instant crime shall

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime subject to registration and submission of personal information, 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 relevant agency pursuant to

In light of the Defendant’s age, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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