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(영문) 서울중앙지방법원 2017.05.30 2017고정425
강제추행
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

On November 4, 2016, around 20:54, the Defendant 3 lines of subway No. 3 located in Jung-gu Seoul, Jung-gu, Seoul, walked to the victim E (n, 61 years old) and strings the victim's face two times by his own hand. On the same day, around 21:08, the Defendant got into the unification of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the subway No. 3, a subway No. 440-1, which was proceeding with a translation into a green room, carried the victim's left chest in the front line of the subway No. 3, a subway No. 440-1, and carried out four times as a drinking.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests formal trial)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the fact that the defendant has no record of punishment for a sex crime before the crime of this case, and the fact that the registration of personal information alone leads to the effect of preventing the defendant from repeating the crime;

In full view of the facts indicated in the record, such as the Defendant’s age, occupation, family relationship, and social relationship, details and circumstances of the instant crime, benefits and preventive effects expected by the disclosure or notification order to the Defendant, and disadvantages and side effects resulting therefrom, the Defendant’s personal information is subject to the principle of prohibition of disadvantageous alteration in the case where the Defendant requested a formal trial.

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