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(영문) 서울남부지방법원 2015.06.24 2015고단1482
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 18:00 on January 29, 2015, the Defendant committed an indecent act by force against the victim, such as: (a) having difficulty in driving a vehicle due to other vehicles parked by the victim D (V, 59 years of age) residing in the vicinity of the domicile of the Defendant in Gangseo-gu Seoul Metropolitan Government; (b) having been living in the vicinity; (c) having been living in the vicinity of another vehicle; and (d) having been living in the vicinity of the victim; and (c) having been able to fright about the victim; (d) having her hand, etc. in several times; and (e) having been her hand, he/she tried to keep the victim’s chest, but the victim tried to have expressed his/her intention of refusal; (d) having been forced by the victim, he/she was able to take her hand to enter the vehicle and her hand, etc.; (e) having been forced by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

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. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, and the favorable circumstances as seen earlier, the Defendant shall be punished for sexual crimes.

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