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(영문) 서울동부지방법원 2016.04.29 2015고단3689
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 5, 2015, around 04:00, the Defendant committed an indecent act by force against the victim D (V, 22 years old) who was boomed with himself and her at the front of the Gwangjin-gu Seoul Special Metropolitan City, by inserting his own hand into the clothes of the victim, and driving his chest on one time by using his chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act of the choice of punishment, and the selection of fines (including the first offender who has no record of crime, and confessions and reflects in this court, and the fact that the injured party does not want the punishment of the defendant by mutual consent with the injured party)

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso 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, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the disclosure order and notification order against the defendant.

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