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(영문) 서울중앙지방법원 2015.09.11 2015고단2255
준강제추행
Text

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

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

Reasons

Punishment of the crime

At around 06:30 on March 22, 2015, the Defendant discovered the victim D (25 years old) seated in a drunk seat between the forest station located in 1598, Nam-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, along with subway No. 2, to the building area located in 243, the Southern-ro, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and committed an indecent act against the victim by taking advantage of the victim's condition that the Defendant’s arms were unable to resist by putting the victim’s shoulder on the shoulder, as he was inside the victim’s seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written statements of D;

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

1. Relevant Articles of the Criminal Act and Articles 299 and 298 (Selection of Punishment of Fines)

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 the competent agency pursuant

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the special circumstances that need not disclose or notify personal information 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 of Children and Juveniles against Sexual Abuse.

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