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(영문) 서울서부지방법원 2016.02.17 2015고단2586
준강제추행
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

The defendant is an acting driver.

On September 1, 2015, the Defendant, at around 23:10 on September 23, 2015, operated a car owned by the victim E (hereinafter referred to as 32 years of age) and committed an indecent act by force by force on the front side of the construction site near the Eunpyeong-gu Seoul Mapo-gu World Cup, in order to set the above car on the road at the front side of the road, which is a destination, among the victims E (hereinafter referred to as 32 years of age) who requested a substitute driving through the “D” sign in Gangnam-gu Seoul, Seoul, and operated a car on the victim’s own.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on filing a complaint of E;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes 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 Article 43 of

The defendant's age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved due to such order, and the effect of protecting the victims of the sexual crime, etc. shall be comprehensively considered.

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