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(영문) 서울북부지방법원 2019.05.09 2019고정226
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

Criminal facts

On October 20, 2018, around 22:40 on October 20, 2018, the Defendant committed an indecent act on the part of the victim D (if the victim was 28 years of age) who was making a telephone conversation in front of C in Jung-gu Seoul Metropolitan City, Jung-gu, by making his son's son's son's son's son's

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment of conviction against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to the main sentence of 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 content and details of the instant crime, Defendant’s criminal history, age, occupation, and social relationship, etc., it is difficult to readily conclude that there is a risk of re-offending. In full view of the fact that the registration of personal information and the completion of a sexual assault treatment program alone appears to have the effect of preventing recidivism, and that there are other special circumstances where the disclosure and notification of Defendant’s personal information may not be disclosed or notified, given that the personal information of the Defendant may not be disclosed or notified 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 of Children and Juveniles against Sexual Abuse.

Pursuant to the Act on the Protection of Children and Juveniles against Sexual Abuse, the court shall punish a sex offense against a child, juvenile, or adult.

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