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(영문) 서울남부지방법원 2014.08.29 2014고단2495
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 14, 2014, around 21:20, the Defendant committed an indecent act by force against the victim, such as: (a) the Defendant met with the victim’s chests and buckbucks, by hand, from the alley-ro, 18-9, 18-9, 200 the new-ro, Guro-gu, Seoul, Seoul, with the victim’s chests and bucks; and (b) the victim’s panty upper part.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is the primary criminal defendant and the defendant confessions the crime of this case, and the victim does not want the punishment of the defendant by agreement with the victim. In full view of the degree of indecent act by the crime of this case, relationship with the defendant and the victim, and other circumstances, means, methods, results, etc. of the crime of this case, the punishment of this case shall be determined

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to related agencies pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant shall be subject to the protection of children and juveniles against sexual abuse.

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