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(영문) 서울중앙지방법원 2017.01.17 2016고단7348
강제추행
Text

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

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

Reasons

Punishment of the crime

On May 27, 2016, the Defendant: (a) around 23:14 on May 27, 2016, around the main point of “D” located in Gangnam-gu Seoul Metropolitan Government, where he flabs together with daily drinking, and she was flabed by the victim E (e.g., 20 years of age) who flabed into the right side of the victim, and she was flabed once as the victim’s chest was flabed by extending to the right side of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the victim;

1. Each statement;

1. The application of the Act and subordinate statutes to the CCTV CDs with F main points (in light of the expansion of CCTVs at the time, the Defendant’s act and attitude identified at the time, and the victim’s legal statement, it can be acknowledged that the Defendant committed an indecent act against the victim as stated in the facts constituting an offense)

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) 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 light of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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