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(영문) 서울중앙지방법원 2015.06.26 2014고단6957
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 16, 2014, at around 01:55, the Defendant, on the front side of Gangnam-gu Seoul Metropolitan Government on August 16, 2014, told the victim C(n, 24 years of age) to find and commit an indecent act. The Defendant committed an indecent act by forcing the victim by extending his hand to one time.

Summary of Evidence

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of D;

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. Where a conviction of a defendant against a sex offense subject to registration of 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 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 a competent agency pursuant to Article 43 of the same Act.

In light of the fact that the Defendant is a U.S. person and does not use the Korean language and does not reside in the Republic of Korea, the Defendant is deemed unable to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. As such, the Defendant is exempt from an order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the proviso to Article 47(1) and Article 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.

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