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(영문) 서울중앙지방법원 2015.06.26 2015고단820
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 February 2, 2015, at around 06:30, the Defendant committed an indecent act against the victim, such as the victim’s spawn, spawn, spawn, spawn, spawn, spathn, face part, etc., by taking out the victim’s spawn, spawn, spawn, spawn, spawn, spawn part, etc., in E-Sgu Seoul, Jung-gu.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes - The defendant is obligated to submit personal information to his/her competent authority pursuant to Article 43 of the same Act, in cases where a conviction against the defendant becomes final and conclusive on the criminal facts in the judgment that the defendant committed a sex offense subject to registration of personal information while the victim had been punished by a fine of three million won due to an indecent act by force on December 2012.

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively considered in light of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, etc.

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