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(영문) 서울남부지방법원 2019.01.23 2018고단94
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 August 26, 2017, at around 16:13, the Defendant found the victim D (22 years of age) waiting a bus prior to the departure port No. 3 of the C Airport International Airport International Airport Line No. 16:13, the Defendant committed an indecent act by inducing the victim’s hump in the future by inducing the victim’s humping.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

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

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

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (where it is difficult to expect the effect of preventing recidivism through an order to complete program because the accused is a foreigner because communication with the Korean language is not smooth, there are special circumstances in which order

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant’s exemption from disclosure order or notification order is determined as having special circumstances that may not disclose and notify personal information. As such, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and children and juveniles.

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