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(영문) 서울북부지방법원 2019.06.21 2019고정695
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 30, 2019, at around 22:55, the Defendant: (a) Da 1 to the victim C (here, 19 years of age) who was walking along the Dongdaemun-gu Seoul Metropolitan Government front road; (b) Da 10 son son son son son son son son son son son son son son son son son son son son

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of investigation reports (production of CCTV images for crime prevention)-related Acts and subordinate statutes;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article

It is difficult to conclude that a defendant exempted from disclosure and notification orders has no record of criminal punishment due to a sex offense. In light of the motive and background leading to the instant crime, Defendant’s age, occupation, and social relationship, etc., it is difficult to readily conclude that the risk of re-offending exists. In full view of the fact that the registration of personal information and the completion of sexual violence treatment programs alone appears to have the effect of preventing recidivism, and that there are other special circumstances where the disclosure and notification of Defendant’s personal information should not be made, considering the benefits and preventive effects expected from the disclosure and notification orders, and any disadvantages and side effects therefrom, etc., the disclosure and notification of the Defendant’s personal information should be made 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) of the Act on the Protection

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