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(영문) 서울중앙지방법원 2012.11.28 2012고단3759
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Around 08:00 on June 9, 2012, the Defendant: (a) extracted a man-made figure installed in front of the Jongno-gu Seoul Metropolitan City amusement room; (b) accessed the victim D (year 51, female) who was extracted from the machinery before the machinery, and had the victim’s her bet and her bet, thereby making indecent act by force by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 is obligated to submit personal information to a related agency pursuant to Article 33 of the same Act

In light of the defendant's age, occupation, risk of recidivism, type, motive, process, 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 the defendant's disadvantage and expected side effects, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., the court shall not issue any disclosure order or notification order to the defendant, on the grounds that there are special circumstances under which the personal information shall 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. of Sexual Crimes.

The punishment shall be determined as ordered by taking into account the following factors: (a) the defendant has no same criminal record; (b) the background of the crime in this case; (c) the method and degree of the indecent act in this case; (d) the circumstances after the crime; and (e) the age, character, conduct, family

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