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(영문) 서울서부지방법원 2015.05.27 2014고단3121
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 7, 2014, from around 21:49 to 23:14, the Defendant, at the “E” drinking house located on the D2 floor in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the victim F (n, 24 years old), committed an indecent act by force against the victim by making the victim’s left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Legal statement of witness F;

1. The result of the CCTV reproduction in this Court;

1. Application of the police protocol of statement to F;

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. To take into account the degree of indecent conduct on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances after the crime, and criminal records of the defendant. Once a conviction on the facts constituting a sex offense subject to registration becomes final and conclusive, 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 obliged to submit personal information to the competent authority pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, 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 victim, etc., the Defendant shall not be ordered to disclose or notify 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 of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on the ground that there are special circumstances in which the disclosure or notification of personal information shall not be ordered.

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