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(영문) 서울중앙지방법원 2017.11.28 2017고정3268
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 04:30 on July 8, 2017, the Defendant, while drinking alcohol at a “C” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, called “singing in singing out.” The Defendant Da Da Da Da Da Da Da Da Da Da Da Do Do Do Do Do do Do Do do e, and returned to the Defendant’s seat. The Defendant, by hand, committed indecent act on the part of the victim by force, by taking the victim’s left shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Article 298 of the Criminal Act applicable to the facts constituting a crime 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction on the facts of a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant 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 Defendant is obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime of this case, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which 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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