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(영문) 서울서부지방법원 2014.08.29 2014고단1817
강제추행
Text

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

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

Reasons

Punishment of the crime

On May 28, 2014, at around 20:20, the Defendant 20:20 on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, followed the appearance of the victim D (W, 20 years of age), E (n, 20 years of age), and passed by as the victims, and committed an indecent act by force against the victims by extending their arms to their left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

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 sentencing of this case on the grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order is to be determined as ordered in consideration of the degree of indecent act committed by the defendant, the fact that the defendant has no criminal record at the same time, and other conditions of sentencing such as the age, character and conduct, environment, motive and method of the crime and circumstances after the crime.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, 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 which may be achieved therefrom, the effect of protecting the victims, etc., the personal information shall be personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.

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