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(영문) 서울서부지방법원 2015.06.17 2015고단911
강제추행
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 03:20 on December 23, 2014, the Defendant: (a) committed an indecent act by force against the victim by showing the sexual organ that was drawn up by the victim D (A, 45 years of age) located in Eunpyeong-gu Seoul Metropolitan Government on the part of the victim D (A, and (b) holding the victim seated in the Kabrter as “Irrrrrrh, Irrh, Irh, Irh, Irh, Irh, Irh, Irh, Irh, Irh, Irh, Irh, Irst, Irst, Irst, Irst, Irst, Irst, and 30th, I am.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 competent agency pursuant

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved therefrom, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. of the Defendant’s exemption order of personal information disclosure order or notification order, it is determined that there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant shall not be ordered to disclose

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