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(영문) 서울남부지방법원 2018.12.19 2018고단3092
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 April 11, 2018, around 18:30, the Defendant followed the victim G (a name, a part) at approximately 300 meters section from the offline 6 D's station located in Yeongdeungpo-gu Seoul Metropolitan Government, to the front day of the street 'F' from the offline 18:30 on April 11, 2018, while the Defendant followed the victim G (a name, a part).

In the right side of the victim, the victim was forced to commit an indecent act by breaking the victim’s shoulder with his/her shoulder and salkeing his/her body with his/her body, as he/she carried out a shoulder with his/her left arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the statutory statements statutes in the witness G and H;

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

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. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex offense subject to registration, 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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