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(영문) 서울남부지방법원 2018.12.07 2018고단5042
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 12, 2018, around 00:40 on September 12, 2018, the Defendant, while under the influence of alcohol in the C convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, had the victim D (V, 20 years old), who was in front of the c convenience store in Yeongdeungpo-gu Seoul, only once her left her, and committed an indecent act by force by the victim’s her her mare.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D and E;

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. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act requires consideration of the method, contents, etc. of the instant crime, and considering the background of the crime, the fact that the Defendant is against himself/herself, etc., the sentence identical to the order shall be imposed by taking into account the following factors: the Defendant’s previous conviction relation, age, sexual conduct, environment, family relationship, circumstances after the crime, etc.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, criminal record, risk of recidivism, type of crime, motive, process of crime, age of the victim, relationship with the victim, degree and anticipated side effects of the Defendant’s disadvantage, registration of personal information, order to complete program or order to attend a course, the effect of protecting the victims, etc., there are special circumstances where the disclosure and notification order of personal information, order to disclose or notify personal information, and order to restrict employment should not be issued.

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