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(영문) 서울남부지방법원 2014.04.11 2013고단4767
강제추행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:50 on September 20, 2013, the Defendant forced the victim to commit an indecent act by extending the victim’s hand to the direction of the victim’s left side, and by using the victim’s chest back to the lower end, on September 20, 2013, the Defendant discovered the victim’s D (27 years of age) in front of CNat No. 16, 201, and attempted to force the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site inspection report - Application of the law governing the site inspection.

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

1. Articles 70 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. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order shall be determined as ordered in full view of all the circumstances shown in pleadings, including the fact that the defendant has mistakenly recognized and reflected the sentencing, the fact that the defendant appears to have committed any contingent crime under the influence of alcohol, the fact that the defendant has no criminal record in the same kind of crime

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime 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 relevant agency pursuant to

Article 47(1) and Article 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, type of crime, motive, process, seriousness of crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victim.

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