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(영문) 서울중앙지방법원 2017.06.30 2017고단2824
준강제추행
Text

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

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

Reasons

Punishment of the crime

On February 14, 2017, from around 00:02 to around 00:10 on the same day, the Defendant met from the electric car running along the D station located in Guro-gu Seoul Metropolitan City, Guro-gu to the right side of the victim E (Y, 32 years old) who was diving and was seated in the seat of the elderly and the elderly and the elderly, and was seated above the right side of the victim E (Y, 32 years old), and got up to the shoulder of the victim with his left arms, and became up to the victim's hand and buckbuck.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to a criminal report (to attach a video CD on the face of a crime) and a photograph by capturing a video;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of a fine (limited to the case before and after a fine for the same type of crime, but taking into account the situation where a confession and the degree of the conduct of the prosecution, and the fact that a confession and reflects the crime, etc.);

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed 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, etc. of Children and Juveniles against Sexual Abuse.

Therefore, it is determined.

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