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(영문) 서울중앙지방법원 2017.05.26 2015고단7210
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant committed an indecent act on the part of the victim D (here, 21 years of age) who walked a path in front of the Cdong in Jongno-gu Seoul Metropolitan Government on September 16, 2015, in the front of the victim D (here, 21 years of age). The Defendant committed an indecent act on the victim’s bridge by putting the victim’s right bridge into a bend and knee part into the victim’s bridge, and by putting the victim’s bridge into contact the victim’s sound part.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes;

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

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 conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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, is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, any order to disclose or notify to the accused shall not be issued.

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