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(영문) 서울중앙지방법원 2021.03.25 2020고정2247
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 between the victim B ( South Korea, 23 years of age) and the victim.

From July 11, 2020 to 06:00 to 11:40 on July 11, 2020, the Defendant got locked in Seocho-gu Seoul Metropolitan Government, Seocho-gu E-Sari, or male water surface room, and her sexual flag was broken down and her fingers down in the inner part of the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of B’s written laws and regulations;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the above order, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances in which disclosure or notification of the Defendant’s personal information should not be made or employment should not be restricted.

The decision is judged.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17282, May 19, 202) of the former Act on the Protection of Children and Juveniles from Sexual Abuse, the defendant is ordered to disclose personal information.

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