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(영문) 서울중앙지방법원 2017.11.03 2017고단5734
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 22:30 on March 21, 2017, the Defendant: (a) recommended the victims D (V, 29 years of age) first from the business community group of the pharmaceutical company located in Gangnam-gu Seoul to get on and off a taxi at the same direction; and (b) to respond to this, the victim was on board the back of the taxi, such as the victim, and moved to the vicinity of the subway E station located in Dongjak-gu Seoul, Dongjak-gu, Seoul, and was on the part of the victim’s bridge and buckbucks.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The complaint (the defendant is deemed to have been drunk at the time, but he was in a state of mental and physical loss or mental and physical weakness;

The application of the statute does not appear).

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 head of the competent police office pursuant to Article 43 of the same Act.

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering 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 the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc.

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