logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.04.13 2017고정2289
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 13, 2017, around 10:21, the Defendant committed an indecent act by force against the victim E (inn, 23 years of age) who was performing the duty of care assistance in the Cheongcheon-si, Gyeonggi-si, the Defendant committed an indecent act against the victim by putting the victim’s parts of the elbbbbbow in a defect in the personnel affairs of the victim E (n, 23 years of age) who was in the business of care in the Cheongcheon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Domestic investigation reports (to attach CCTV images CDs submitted by victims);

1. Application of Acts and subordinate statutes to a report on investigation (in cases of crimes committed by a suspect, attachment to five photographs);

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to file a provisional payment order becomes final and conclusive, 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 thus, the accused is obligated to submit personal information to the head of the police office having jurisdiction over the domicile of the accused pursuant to Article

In light of the content, method, and details of the instant crime exempted from the disclosure order and notification order, the Defendant’s criminal history, disclosure order, or notification order, the degree and expected side effects of the disadvantage the Defendant entered, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in 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 of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the court did not issue an order of disclosure and notification to the defendant.

arrow