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(영문) 서울북부지방법원 2016.05.19 2015고단1103
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 13, 2015, the Defendant: (a) taken a victim B (the South, the age of 58) taxi in the vicinity of Mapo-gu Seoul Metropolitan public morals; (b) taken a vehicle in front of the apartment house D in Seoul, Nowon-gu, Seoul, and committed an indecent act by force against the victim by making three times the back part of the victim’s back to the victim’s hand, who was able to do so without paying any fee, around 01:59.

Summary of Evidence

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

1. Application of the police statement protocol law to B

1. Article 298 of the Criminal Act applicable to the facts constituting an offense 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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.

In a case where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new 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 Article 43 of the same Act.

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