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(영문) 서울동부지방법원 2017.03.31 2016고단2596
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around May 18, 2016, the Defendant: (a) reported the Victim F (the name, the 26-year-old age) in Seongdong-gu Seoul (the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, and the am, the am, the am, the am, the am, the am, the am, and the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, and the am,

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of the Acts and subordinate statutes on photographic photographs and suspect photograph by capturing CCTVs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting the crime in the judgment that is subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the court did not issue an order of disclosure and notification to the defendant.

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