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(영문) 서울동부지방법원 2015.07.03 2015고단1079
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Around 03:20 on 25, 2015, the Defendant: (a) sought to leave the victim D (nick, 29 years of age) as a means to hold the victim D (nick, and 29 years of age) in Songpa-gu Seoul, Songpa-gu as a means to hold the victim, and (b) sought to leave the victim's chest and her turb, in his/her hands.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of CCTV images at the scene of occurrence);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Article 334(1) of the Criminal Procedure Act provides that a fine shall be selected by taking into account the fact that there is no criminal record against the defendant for the reason of sentencing of the provisional payment order, the degree of indecent act, etc.; however, the defendant's age, character and conduct, environment, the background and method of the crime of this case, relationship between the defendant and the victim, circumstances after the crime, etc. shall be determined as per the order.

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

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, 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 of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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