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(영문) 서울서부지방법원 2016.04.20 2016고단395
준강제추행
Text

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

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

Reasons

Punishment of the crime

On January 2, 2016, at around 08:00, the Defendant committed an indecent act by force against the victim, who was divingd, in the D Saw or the surface room located in Eunpyeong-gu Seoul Metropolitan Government, by spreading his hand to the side of the victim E (the age of 36) who was divingd, and by spreading his chest into the chest, thereby making it impossible for the Defendant to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E, F and G;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. The amount of a fine is set in light of the circumstances, such as the confession of a crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the punishment of a fine is against the law, and there is no record of the same kind of crime, and the degree of prosecution is not somewhat weak, and the defendant who registered personal information of this case 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. In the event the conviction of the defendant who registered personal information of this case becomes final and conclusive, the defendant is obligated to submit personal information to the related agency pursuant to

However, in full view of the fact that the defendant has no criminal history of the same kind of crime, the profits and preventive effects expected by an order of disclosure or notification, and the disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information may not be disclosed or notified.

Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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