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(영문) 서울서부지방법원 2013.10.16 2013고단2018
강제추행
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 27, 2013, around 23:57, the Defendant discovered the victim D (or 20 years of age) of a victim who was married to the Seongbuk-gu Seoul building and was reporting on a mobile phone by smoking tobacco, and accessed the victim’s cell phone (or 20 years of age), who was seated above the victim’s seat and talked with the victim. On the other hand, the Defendant saw the victim’s her humf by raising her humf with her humf and forced her to commit an indecent act by force.

2. Around 00:10 on June 28, 2013, the Defendant forced the victim’s grandchildren who want to return home on the street near Seongbuk-gu Seoul, Seongbuk-gu, to stop by setting the victim, and committed an indecent act by forcing the victim to do so.

3. Around 00:20 on June 28, 2013, the Defendant forced the victim in front of the victim’s house in Seongbuk-gu Seoul Seongbuk-gu Seoul, to use the victim’s house, and attempted to take care of the face and to put the victim into a cryp for refusing to use the victim’s face, thereby committing an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to CCTV image data;

1. Relevant Articles of the Criminal Act concerning the facts constituting an offense. Article 298 (Selection of Fine for Negligence)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a judgment on the registration of personal information under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.

The reason for sentencing is that the defendant is the primary offender, the defendant has agreed with the victim, and the depth is against the victim. It is so decided as per Disposition.

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