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(영문) 서울남부지방법원 2015.01.12 2014고단3272
강제추행
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 16, 2014, the Defendant, at around 22:35, committed an indecent act by force on the part of the victim E (or 26 years of age) by her son, as her son, on the street in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. The defendant's legal statement;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

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;

1. In light of the background, contents, etc. of the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, there are unfavorable circumstances, such as that the nature of the instant crime is not easy, and that the Defendant did not appear to deny and reflect the Defendant’s criminal act. However, the instant indecent act is limited to the degree of committing the victim’s tambling, except for the punishment imposed by a fine due to a violation of the Road Traffic Act in 1999, the instant indecent act does not have any criminal power except for the punishment imposed by a violation of the Road Traffic Act, and all of the sentencing conditions

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, content and motive of the offense, method and seriousness of the offense, the degree of disadvantage and side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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