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(영문) 서울북부지방법원 2015.01.28 2014고단4134
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 17, 2014, at around 19:30 on October 17, 2014, the Defendant: (a) committed an indecent act by force against the victim E (the 25-year-old-old-old) who is a part-time student (the 25-year-old-old-old-old-in) who had a public relations of the main company in the D cafeteria located in Gangnam-gu Seoul Metropolitan Government, by inserting the victim’s hand by inserting his hand over the victim’s knife with his knifties between the knife and the lower part of the chest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order does not contain any criminal record or imprisonment without prison labor or any heavier punishment for the defendant, and the degree of indecent act is not serious, reflects the fact that the defendant does not agree with the victim, and the defendant's age, character and conduct, family relation, motive, means and consequence of the crime and other circumstances including the circumstances after the crime shall be determined as ordered.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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