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Reasons
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(영문) 서울중앙지방법원 2018.01.26 2017고정3694
폭행등
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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 21:00 on September 19, 2017, the Defendant expressed a bath to the victim C (20 years of age, south) who does not have any way without any justifiable reason from the stairs of the exit exit No. 7 of Seoul subway B, Seoul subway Station B, and obstructed the way, and assaulted the victim by walking her her her mare.

2. On September 21, 2017, at the place indicated in paragraph (1) around 21:00, the Defendant committed an indecent act by force by force, such as using the victim’s 112 report on a mobile phone, using the said victim’s cell phone, sparing him/herself, and leaving him/her on the left side.

Summary of Evidence

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

1. C’s statement;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 260 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 298 of the Criminal Act, and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (to provide the mental health and medical treatment to the defendant);

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

A) If a judgment of conviction is final and conclusive on a crime of indecent act committed in the judgment that is subject to registration and submission of new information, the Defendant is a person subject to registration of personal information as prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a competent agency pursuant to Article 43 of the same Act

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