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(영문) 서울서부지방법원 2015.11.11 2014고단3447
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 11, 2014, around 03:20 on October 11, 2014, the Defendant committed an indecent act by force against the victim, following the victim D (M, 20 years of age) and the victim D (M, 20 years of age).

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. Where a conviction becomes final and conclusive in regard to a crime subject to registration, which is a sexual crime subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, the accused 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances where the disclosure of personal information shall not be disclosed or notified 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, etc. of Children and Juveniles against Sexual Abuse.

An order to attend a course or order to complete a program may be issued to a foreigner under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, based on the fact that the foreigner lacks the ability to use the Korean language.

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