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(영문) 서울동부지방법원 2014.06.20 2013고단3205
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

At around 22:55 on October 4, 2013, the Defendant: (a) accessed the subway 2 lines of subway 5-dong, Songpa-gu, Seoul Stam-gu, to the victim B (V, 22 years old) who was walking around the Defendant; (b) led the victim’s left side by the Defendant’s own hand, and (c) led the victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of a sprinke);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the victim was mentally shocked and that the victim did not reach an agreement with the victim is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, there is no record of criminal punishment, and that there is no workplace and family member is clear is favorable to the defendant.

Here, the method and result of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the instant crime, Defendant’s age, character and conduct, family environment, etc., shall be determined as per the disposition.

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be 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 shall be obligated to submit personal information to the relevant agency, as prescribed in Article

The age, occupation, risk of recidivism, motive, progress 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 effects of sexual crimes subject to registration which may be achieved due to such order, and the victim.

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