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(영문) 서울중앙지방법원 2015.10.28 2015고정977
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 April 17, 2011, at around 02:45, the Defendant, at “D” located in Gangnam-gu Seoul Metropolitan Government, performed alcohol to the victim E (26 years of age and inn). The Defendant: (a) forced the victim to use it on the back; (b) forced the victim to use her chests; (c) her fingers his fingers; (d) her fingers the victim’s fingers; and (e) forced the victim to feel a sense of sexual shame.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense 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 the chief of a police office having jurisdiction over the domicile of

In full view of the Defendant’s age exempted from the disclosure or notification order of registered information, the risk of repeating a crime, the content and motive of the crime, the method and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the disclosure order and notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified in accordance with 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)

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