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(영문) 의정부지방법원 2016.05.02 2015고단4960
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 24, 2015, around 21:40, the Defendant reported the victim D (n, 23 years of age) that passed around the subway C toilet located in Jung-gu Seoul, Jung-gu, Seoul. On October 24, 2015, the Defendant committed an indecent act by force on the part of the victim, with his hand from the buckbucks section to the bucks section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined as ordered by taking into account the following factors: although the defendant has been convicted four times of special robbery, etc., he/she has no previous convictions; the defendant has the same kind of criminal records; the defendant's age, sex behavior, and circumstances after the crime, etc.;

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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