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(영문) 서울북부지방법원 2016.11.24 2016고단3658
강제추행
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 April 2, 2016, at around 10:19, the Defendant committed an indecent act by force against the victim by using the victim’s right chest as a knife with the victim D (at 19 years of age) coming from the corridor in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning CCTV recording images;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism; and (c) profits and preventive effects expected from the disclosure order and the disclosure order of this case and the disclosure order of this case; and (d) disadvantages and side effects of the disclosure order, the Defendant’s personal information shall not be disclosed or notified; and (d) the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, occupation, character

- The Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a person subject to registration of personal information in accordance with Article 43(1) of the same Act, and is thus subject to jurisdiction pursuant to Article 43(1) of the same Act.

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