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(영문) 서울동부지방법원 2018.04.26 2018고단597
강제추행
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

On January 16, 2018, at the “C” restaurant located in Gwangjin-gu Seoul Special Metropolitan City on January 2013, 2018, the Defendant committed an indecent act by force against the victim, who is an employee of the victim D (a person, her, her, her, 19 years old)’s left her arm’s length at one time in his/her hand. On the same day, the victim’s right her arm’s length at the same place at around 20:16 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a selective fine for punishment (such as the fact agreed with the victim and the fact that the defendant has no record of exceeding the same kind of power or fine);

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

1. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, 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 thus the defendant is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As such, a disclosure order or notification order shall not be issued to the defendant.

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