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(영문) 서울중앙지방법원 2015.06.19 2013고단8251
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 21, 2013, at around 01:55, the Defendant committed an indecent act by force against the victim, such as finding out the victim F (n, 19 years of age) who gets out of the stairs at the “EM” of the 1st underground floor in Gangnam-gu Seoul, Gangnam-gu, Seoul, and finding out the victim F (n, 19 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Optional fine;

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. When a conviction on a sex crime subject to registration of personal information is confirmed in the judgment that the victim does not want the punishment against the defendant by mutual consent with the victim for sentencing under Article 334(1) of the Criminal Procedure Act, 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 the head of a competent police office pursuant to

In light of the Defendant’s age to be exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant 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 of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.

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