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(영문) 서울남부지방법원 2018.11.02 2018고단143
강제추행
Text

Defendant shall be punished by a fine of seven million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant, from around 23:30 on June 30, 2017 to around 23:34 on the same day, committed an indecent act against the victim’s will, by using the victim’s D (n, 23 years old), waiting for the pedestrian signal at the crosswalk in front of the C cafeteria located in Yeongdeungpo-gu Seoul Metropolitan Government, on his hand, committed an indecent act against the victim’s will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime is based on the following factors: (a) the number, content, and time of the instant crime, place, and the degree of damage inflicted upon the victim; (b) the sentencing of the Defendant’s previous offense, age, sexual intercourse, environment, family relationship, circumstances after the commission of the crime, and all the sentencing conditions indicated in the record, including the criminal record, shall be

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 of crime, motive, process of crime, victim’s age, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage due to the above order, registration of personal information, order to complete a program, or order to attend a course, the effect of preventing sexual crimes subject to registration that may be achieved only by issuing an order to disclose personal information, order to disclose personal information, and order to restrict employment should not be issued.

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