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(영문) 서울중앙지방법원 2013.04.19 2013고단594
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 16, 2013, around 05:15, the Defendant discovered that the victim C (the age of 46) was divingd in the Jongno-gu Seoul, Jongno-gu Baro, Seoul, and that the victim was locked, and the Defendant laid down the victim’s sexual organ by inserting his hand into the soup brying paper of the victim himself.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

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

1. Where a conviction on the crime of this case against a defendant who is obligated to register personal information and submit personal information in accordance with Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is subject to registration of personal information, and the defendant is obliged to submit his/her personal information to the head

(Article 32(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: Provided, That an order to disclose personal information and an order to disclose such information shall be exempted inasmuch as the defendant has no same power, and considering the degree of indecent act, etc., there are special circumstances to not disclose personal information

(The proviso of Article 37 (1) and the proviso of Article 41 (1) of the same Act)

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