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(영문) 서울북부지방법원 2018.05.18 2018고정185
준강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 8, 2017, the Defendant, around 16:30, committed an indecent act against the victim’s will, which is impossible to resist, by forcing the victim to commit an indecent act against the victim’s will, on the part of the victim, who was under the victim’s D(F, 51 years of age) and drinking, by drinking up the victim, who was under the victim’s drinking and drinking, and who was under the victim’s drinking up.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A gene appraisal report;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, health status, disclosure order or notification order, the degree and expected side effects that the Defendant suffers, the preventive effect of sexual assault crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which the disclosure of personal information may not be notified 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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the court did not issue an order of disclosure or notification to the defendant.

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