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Reasons
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(영문) 서울중앙지방법원 2017.03.30 2017고단446
준강제추행등
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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

1. On November 27, 2016, around 05:30 on November 27, 2016, the Defendant discovered the victim D (V, 19 years of age) who was divingd next to the “C Mana” of the first floor of the underground floor of the building located in Seocho-gu Seoul, Seocho-gu, Seoul, and the victim was knicked with the victim’s knife and knife with the victim’s knife.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. In order to verify the indecent act of the above D, which is a female-friendly female-gu at the same place on the same day at around 05:40 on the same day, the Defendant strokeed the victim E (Ch 23) with his right arms to the victim E (Ch 23) who intends to run a Si-si (CCTV) in order to identify the indecent act of the said D.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes to investigation and reporting on the confirmation of rains or CCTVs;

1. Article 299, Article 298, and Article 260 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the maximum amount prescribed in the punishment for the above two crimes is added up);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a crime committed by force, which constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The crime of assault in the judgment that is not an indecent act and a sex offense subject to registration is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence is sentenced under Article 38(1) of the Criminal Act.

Personal information pursuant to Article 45(1)4 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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