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(영문) 전주지방법원 군산지원 2017.04.21 2016고단1063
강제추행
Text

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

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

Reasons

Punishment of the crime

On September 15, 2016, around 03:40 on September 15, 2016, the Defendant: (a) reported the victim D (at 25 years of age) who was walking on the alleyway in front of Yansan-gu, Seoul; and (b) caused the victim’s sexual desire to commit an indecent act by coercioning the victim, such as holding a window by following the victim according to his/her E-mail by going through a car; and (c) having his/her her son’s son, going outside his/her hands, one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense and selection of a fine (such as the fact that the offender is against the defendant, and deposits one million won for the victim, etc.);

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 of the accused is finalized on the facts constituting a sex crime subject to 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 pursuant to 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 a related agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to an order to notify the disclosure of personal information, thereby comprehensively taking into account the Defendant’s age, occupation, and risk of repeating a crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victims, etc., there is “special circumstances in which the disclosure of personal information may not be disclosed” stipulated in 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

Since it is judged, the court did not issue an order of disclosure and notification to the defendant.

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