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(영문) 서울중앙지방법원 2015.11.13 2015고단5634
준강제추행
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

On August 15, 2015, around 09:30 on August 15, 2015, the Defendant committed indecent act by taking advantage of the victim’s state of inability to resist, with the distribution and gender of the victim D (ma, 18 years of age) who was divingd in the area of the body of the second basement underground in Jongno-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 299 of the Criminal Act and Articles 299 and 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was sentenced to a suspended sentence of two years for the crime of rape on 1993. On April 27, 2007, the defendant was sentenced to a fine of one million won for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. The victim committed the crime of this case. The victim want to punish the defendant: Provided, That if the defendant acknowledges the mistake and is confirmed guilty of the crime of which the crime is a sex crime subject to registration and duty to submit to the court, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

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 shall be comprehensively taken into account in light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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