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(영문) 서울중앙지방법원 2018.01.19 2017고단7790
강제추행등
Text

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

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

Reasons

Punishment of the crime

At around 04:30 on April 30, 2017, the Defendant: (a) took part in a F hotel underground “G” club located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) took part in the back habits of the Victim H (V, 28 years old); and (c) took part in the Plaintiff’s own hand on one hand, she took part in the Victim’s arms; and (d) took part in another hand, she committed an indecent act by force against the Victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes to the H’s written statement;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (including the agreement with the victim, the confession and reflect of the crime, and the primary crime), and the selection of a fine;

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) 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, it is not ordered to disclose or notify the defendant.

It is so decided as per Disposition for the above reasons.

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