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(영문) 서울남부지방법원 2016.01.13 2015고단4806
준강제추행
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On November 6, 2015, the Defendant forced the victim to commit an indecent act by taking advantage of the victim’s non-fucking situation where the victim’s bucks did not resist, 271, which passed through the establishment of Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the Dongdaemun-gu, Seoul).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act of the choice of punishment, and the selection of fines (including the reflection of a criminal defendant, the absence of a criminal record, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 to a related agency pursuant to Article 43

In light of the Defendant’s age, occupation, 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 entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., the Defendant shall not disclose personal information 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, no order of disclosure or notification shall be issued to the defendant.

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