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(영문) 서울북부지방법원 2019.05.30 2019고정187
강제추행
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On August 29, 2018, around 09:00, the Defendant committed an indecent act by force against the victim D (one’s name, two’s age, and thirty-four) who was walking along the road, with the victim D (one’s age) who was walking along the road, in front of the “C” store located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting an offense, and the choice of a fine (to partially reduce a fine prescribed by a summary order, as the injured party's wife is the one of the accused);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of 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 the Defendant exempted from disclosure and notification orders has no record of criminal punishment in Korea due to a sex offense, and that there is a risk of recidivism in light of the motive and circumstance leading to the instant crime, the Defendant’s age, occupation, social ties, etc. In full view of the fact that the registration of personal information and the completion of sexual violence 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 may not be disclosed and notified, taking into account the benefits and preventive effects expected from the disclosure and notification orders, and disadvantages and side effects therefrom, etc. Accordingly, Article 47(1) and Article 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

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