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(영문) 서울북부지방법원 2019.05.16 2019고정123
강제추행
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

Around 18:30 on August 13, 2018, the Defendant committed an indecent act by force against the victim D (the victim, 18 years of age, 18), who brought air conditioning in Seongbuk-gu Seoul, and in the restaurant of “C”, committed an indecent act by force on the part of the victim D (the victim, her 18 years of age, her son).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article

It is difficult to conclude that a defendant exempted from disclosure and notification orders has no record of criminal punishment due to a sex offense. In light of the motive and background leading to the instant crime, Defendant’s age, occupation, and social relationship, etc., it is difficult to readily conclude that the risk of recidivism exists. In full view of the fact that the registration of personal information and the completion of sexual assault treatment programs alone appears to have the effect of preventing recidivism, and that there are other special circumstances where the disclosure and notification of Defendant’s personal information should not be disclosed and notified, and that the disclosure and notification order is not ordered pursuant to 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 the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from the employment restriction order, shall be made on January 2018.

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