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(영문) 서울중앙지방법원 2015.12.18 2015고단7214
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 23, 2015, from around 04:40 to May 04:5, 2015, the Defendant was able to use the victim’s left arm’s length with the Defendant’s left hand, and write down the victim’s left arm’s length with the victim’s hand. The Defendant was able to use the part covered by the Defendant’s body against the victim’s body, and write the victim’s left arm’s length.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. One protocol of police statement concerning E, and the application of each photographic statute;

1. Article 299 of the Criminal Act and Articles 299 and 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. In the case of the crime of violating the Punishment of Sexual Crimes Act (Indecent Acts at a public gathering place) on May 7, 2015, the above case is found to have been sentenced to a fine of KRW 1.5 million on October 28, 2015, and the degree of damage to the recidivism of this case is not serious while the defendant was investigated, the defendant's mistake is recognized and the judgment of conviction on the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information is confirmed, and the defendant is obligated to submit personal information to the related agency pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since the defendant becomes a person subject to registration of personal information in accordance with Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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