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(영문) 서울서부지방법원 2018.11.21 2018고정860
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On February 1, 2018, around 03:25, the Defendant discovered the victim D (V) located in front of the underground cargo racker at the C main point in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and committed an indecent act by hand against the victim in a way that knicks knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Investigation report (related to the confirmation of CCTV at the scene of crime and hearing of statements from witnesses);

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting Processing;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment (to reflect his/her mistake, taking into account the circumstances, such as the first offender and the circumstances leading to the crime);

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

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted: (b) the effect of preventing recidivism is expected to be effective by registering personal information and completing a program to treat sexual assault; and (c) the Defendant’s age, environment, occupation, profits expected by an employment restriction order and the effect of preventing sex crimes; and (d) the disadvantage and anticipated side effects of the Defendant resulting therefrom, there are special circumstances where

I think)

Where the conviction of this case 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 of the same Act.

However, there are special circumstances in which personal information is not disclosed in light of the first crime, recidivism of personal information registration, victim protection effects, etc.

Since it is judged, 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.

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