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(영문) 서울북부지방법원 2019.10.21 2019고정1219
준강제추행
Text

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

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

Reasons

Punishment of the crime

피고인은 2019. 2. 14. 05:00경 서울 노원구 B에 있는 피고인의 집에서, 술에 취하여 자고 있는 피해자 C(여, 21세)의 옷 안에 손을 넣어 피해자의 가슴, 엉덩이, 음부 부위를 만지고, 피해자의 입에 입맞춤을 하고, 피고인의 성기를 피해자의 엉덩이에 대고 비벼댔다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of D Contents Acts and subordinate statutes;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to 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(1) of

In full view of the Defendant’s age exemption from the disclosure and notification order of personal information, the risk of recidivism, motive for the instant crime, details and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure or notification order shall not be issued against the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The defendant is exempted from the employment restriction order;

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