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(영문) 서울남부지방법원 2018.04.06 2018고단35
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is at all not aware of the victim C (n, 20 years of age).

On October 19, 2017, at around 23:48, the Defendant committed an indecent act against the victim in the de facto loss, such as: (a) reporting the victim who was under the influence of alcohol and was seated on the subway E Line 9, the subway platform 2-1, located in Yeongdeungpo-gu Seoul Metropolitan Government, on October 19, 2017; and (b) putting the victim’s body on knee and knee; and (c) reporting the victim’s parts on the buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of F’s written Acts and subordinate statutes;

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

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act requires consideration of the method, content, etc. of the instant crime, and considering the degree of damage and the fact that the Defendant’s mistake is against each other, the sentence identical to the disposition shall be imposed by comprehensively taking into account the following factors: the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed.

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