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(영문) 서울중앙지방법원 2013.04.03 2013고단705
강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, around 23:40 on September 27, 2012, committed an indecent act by force by force against the victim C (28 years of age) who was waiting for a taxi to return home in front of Gangnam-gu Seoul, Seoul, on one occasion against the victim’s will.

2. The Defendant assaulted the victim’s left face her who resisted “I will dum,” at the time, time, and place as set forth in the above 1 paragraph, two times in the floor of her hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal aid by compulsion on a crime: Violence prescribed in Article 298 of the Criminal Act: Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction against the defendant is finalized in relation to the crime of indecent act by force, which is a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 32(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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information may not be disclosed pursuant to the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc

(b) for more than one year.

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