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(영문) 서울남부지방법원 2018.06.22 2018고단93
강제추행
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a guest who found in the “C main store,” and the victim D (V, 56 years old) is a proprietor.

The Defendant, from around 13:00 to 15:30 on July 18, 2017, committed an indecent act against the victim’s will against the victim’s will, such as making a talk within the “C main point” located in Yangcheon-gu Seoul Metropolitan Government E, and making a talk with the victim. Although the victim refused to do so, the Defendant forcedly committed an indecent act against the victim, such as standing the female’s chest with his/her chest, putting his/her finger in his/her fingers with his/her clothes, and

Summary of Evidence

1. Partial statement of the defendant;

1. Application of D’s statutory statement legislation

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the number and details of the instant crime shall be considered; (b) the relationship between the Defendant and the victim shall be taken into account; and (c) the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the commission of the crime, etc. shall be determined by taking into account

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Thus, the defendant is judged.

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