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(영문) 서울동부지방법원 2017.01.19 2016고단3473
강제추행
Text

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

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

Reasons

Punishment of the crime

On September 6, 2016, around 03:14, the Defendant committed an indecent act against the victim H (Woo, 38 years of age) who returned home in the front of G in Gwangjin-gu Seoul Special Metropolitan City by way of the knifeing the left chest of the victim by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police with H;

1. A criminal investigation report (on-site verification);

1. Application of Acts and subordinate statutes to the investigation report (verification of CCTV for crime prevention);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes excluding the provisions on reduction of and exemption from liability (the defendant and his/her defense counsel committed a crime in the mental and physical weakness of the defendant

However, Article 10(1) and (2) of the Criminal Act does not apply to each sexual crime of this case by the defendant

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.

Therefore, the defendant is judged.

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