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(영문) 서울동부지방법원 2016.01.21 2015고단3148
준강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 8, 2015, at around 18:24 to 18:28, the Defendant discovered the victim D(W, 28 years old)’s 3rd floor of the C Library located in Gangdong-gu Seoul Metropolitan Government, with a view to committing an indecent act against the victim, and discovered that the victim D(W, 28 years old) was locked up on his/her gate, he/she was able to commit an indecent act against the victim, and he/she was able to sit up on the victim’s gate, and he/she was able to resist the victim’s chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (the counter-investigation into CCTVs), investigation report (the counter-investigation of suspect libraries) and investigation report (the attachment, etc. of suspect photographs);

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act of the choice of punishment, and the selection of a fine (including the fact that a defendant is found to have erred, the degree of conduct by a criminal defendant, and the fact that the defendant has no other criminal records, 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 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 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 disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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