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(영문) 서울중앙지방법원 2016.04.15 2015고단5041
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant was aware of the victim E (the age of 36) who works together with the self-support work in the “D”, which is a self-support facility for the homeless in Jung-gu Seoul Metropolitan Government.

1. On February 13, 2015, the Defendant committed an indecent act by force on the part of the victim E (the 36-year-old) by using the Defendant’s left hand in a singing room that does not know the trade name in Yongsan-gu Seoul Metropolitan Government on February 13, 2015.

2. On February 25, 2015, around 10:50 on February 25, 2015, the Defendant committed an indecent act by force against the victim by rhyming the victim’s amblock with the victim’s own amblock with the victim’s own amblock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for reporting internal investigation (report on statements by witnesses);

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. 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 obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the special circumstances under which the disclosure of personal information may not be disclosed.

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