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(영문) 서울중앙지방법원 2017.12.19 2017고정2206
준강제추행
Text

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

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

Reasons

Punishment of the crime

On December 1, 2016, at around 00:0, the Defendant moved to the right side of the victim D (V, 20 years of age) who was sitting and divingd in Samsung C in the Gangnam-gu Seoul Metropolitan Government HHro 538 Samsung Station, the Defendant moved to the right side of the victim D (V, 20 years of age), and put the hand under the direction of the victim's buckbucks.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of mental and physical loss.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Written statements of D;

1. A report on investigation;

1. Notification of a department related to the report of the 112 case, and application of the CD-related Acts and subordinate statutes for the reproduction of CCTV images in buses;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime (Optional to Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 186(1) of the Criminal Procedure Act, 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 the Defendant is obliged to submit personal information to the head of the competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime of this case, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which disclosure of personal information may not be disclosed.

Since it is determined, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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