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(영문) 서울남부지방법원 2013.04.02 2013고정865
준강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 2, 2012, at around 05:40, the Defendant, at the 3rd floor C Sari or 2nd floor underground of Geumcheon-gu Seoul, 2012, knife the knife of the victim D (ma, 5 years old), knife on the part of the Defendant’s body, knife the victim’s sexual organ back to the victim D again after approximately 20 minutes, knife the victim’s sexual organ back to knife the victim’s knife at the same place at around 06:20 on the same day, knife the knife of the knife and knife the knife of the victim E (ma, 52 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D and E;

1. Article 299 of the Criminal Act and Articles 298 of the same Act concerning the applicable criminal facts and the choice of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order do not have any record of being punished, and the confession of the crime in this case and reflects the circumstances, means, methods, results, etc. of the crime in this case shall be determined by taking into account the following factors.

Where a judgment to submit personal information becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Articles 32 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the chief of the competent police station pursuant to Article 33 of

However, an order to disclose or notify the registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant. Thus, it does not issue an order to disclose or notify the registered information.

It is so decided as per Disposition for the above reasons.

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