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(영문) 서울중앙지방법원 2017.06.22 2017고단2313
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 11, 2017, around 23:30, the Defendant committed an indecent act, such as the Defendant, at around 23:30, the Defendant committed an indecent act against the victim E (V), the right mare knife of the bus stop (D) located in Seocho-gu Seoul Metropolitan Government, on his hand, in order to board the bus in front of the bus stop (B) located in Seocho-gu, Seoul.

Summary of Evidence

1. Police statements made to E and F;

1. Photographs of the skin;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Relevant Article 298 of the Criminal Act concerning a crime. Article 298 (Selection of Penalty)

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant appears to have committed any contingent crime in a drunken condition; (b) the first offender who has no record of punishment; and (c) the defendant’s age, sex, motive and consequence of the crime; and (d) the degree of indecent act in this case, etc. as shown in the arguments, shall be determined by comprehensively taking into account various conditions of sentencing as stated in the arguments.

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 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 relevant agency pursuant to Article 43

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., personal information is personal information 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 against Sexual Abuse.

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