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(영문) 서울남부지방법원 2015.11.27 2015고단3211
준강제추행
Text

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

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

Reasons

Punishment of the crime

On April 26, 2015, at around 02:10, the Defendant committed an indecent act by putting the Defendant’s hand on the side of the victim E (tentative name, female, and age 24) where he was divingd in the Dolle C, located in Gangseo-si, Gangnam-si, and then she committed an indecent act by putting the Defendant’s ship and her fluence on the part of the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police concerning E (tentative name) and F;

1. On-site photographs, on-site maps, and yellow photographs;

1. Application of Acts and subordinate statutes to each investigation report (verification of telephone conversations between persons for reference, G, H, and I);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to disclose or notify registered information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to an order to disclose or notify the information, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to the aforementioned special circumstances.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused is 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.

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