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(영문) 서울남부지방법원 2014.05.09 2014고단248
강제추행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:00 on December 6, 2013, the Defendant: (a) reported the victim E (n.e., 31 years of age) in front of the accounting team in Geumcheon-gu Seoul Metropolitan Government, and (b) made a forced indecent act by force against the victim by rhuming her her her therb with his her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of the fact of shots);

1. Article 298 of the Criminal Act and Article 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 sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order is based on the following factors: (a) the degree of indecent act committed by the instant crime; (b) the accused has led to the confession of the instant crime; and (c) the accused has no record of the same kind of crime;

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime subject to registration and submission of personal information, 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 relevant agency pursuant to

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 an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall 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 to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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