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(영문) 서울중앙지방법원 2016.10.21 2016고단5690
강제추행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 15, 2016, around 01:30 on July 15, 2016, the Defendant, while under the influence of alcohol in the vicinity of the Seocho-gu Seoul Metropolitan Government C Building, committed an indecent act by force by keeping the victim D(the age of 43) with the sudden dancing.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement law to D;

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

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

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

1. The sentence shall be determined as ordered, taking into account the following circumstances: (a) the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the defendant appears to be difficult for a foreigner to smoothly perform orders to complete a program because communication in Korean language is difficult to achieve the effectiveness of preventing recidivism of a sexual crime; (b) there is no criminal record of criminal punishment in the Republic of Korea on the grounds of sentencing; (c) the defendant’s age, character and behavior, environment, social relationship, motive and consequence of the crime; (d) records, such as the criminal defendant’s age, character and behavior, social relationship; (e) the motive

Where a conviction becomes final and conclusive on a crime stated in the judgment that is a sex offense subject to registration and submission of personal information, 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 the competent agency pursuant to

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information disclosure order, and the prevention of sexual crimes subject to registration which can be achieved due to such order.

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