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(영문) 서울중앙지방법원 2017.11.30 2017고정3403
준강제추행
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

On August 2, 2017, around 03:50 on August 2, 2017, the Defendant, at the E Ba or the water surface room located in Gwanak-gu in Seoul Special Metropolitan City, placed the son F (M, 24 years old) of the victim F (M, 24 years old), who was divingd, committed an indecent act by force against the victim, who was in a state of impossibility or mental or physical loss due to the 15 minutes' hand and arms of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. F and G police statements;

1. Application of the statutes governing the arrest of flagrant offenders;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, the accused 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and background of a crime, method and seriousness of a crime, crime record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the Defendant’s exemption from disclosure order and notification order, the preventive effect of a sexual crime subject to registration that may be achieved, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, it is not ordered to disclose or notify the defendant.

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