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(영문) 서울북부지방법원 2020.05.28 2020고정307
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 01:10 on September 1, 2019, the Defendant, in front of the “C” convenience store located in Dongdaemun-gu Seoul Metropolitan Government, was only behind the victim D (a person, a woman, 27 years of age) who had talked with one another, and the victim’s her son was her son.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the investigation report (Attachment of CCTV images at the site of the incident) and the statutes on CCTV at the site attached thereto;

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43(1) of

In full view of the Defendant’s age exemption from the disclosure and notification order of personal information, the risk of recidivism, motive for the instant crime, details and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure or notification order shall not be issued against the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The defendant's age to be exempted from the employment restriction order, the risk of recidivism, and the motive for the crime of this case.

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