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(영문) 서울동부지방법원 2016.01.14 2015고단3198
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On September 25, 2015, at around 19:00, the Defendant found the victim C (M, 35 years of age) who was frighten in front of the B sexual party located in Gangdong-gu Seoul Metropolitan Government, and Daa took care of the victim's chest by hand, laid the victim's chest, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV around the place of occurrence and results of search);

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act of the choice of a sentence, and the choice of a fine (to be taken into account, including the following: (a) the accused has no other criminal history, as well as the prior conviction of an assault in 2011 and the suspension of indictment; (b) the accused recognized the error and agreed with the victim; and (c) the degree of indecent

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Liability Reduction and Exemption;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the protection of the victim, there are special circumstances that the disclosure of personal information may not be disclosed.

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