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(영문) 서울남부지방법원 2017.09.20 2017고단2672
강제추행
Text

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

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

Reasons

Punishment of the crime

On February 12, 2017, at around 21:13, the Defendant ordered the drinking and food at the “C” restaurant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, the Defendant: (a) took the way to see the drinking water ordered to another customer; (b) took a hand to see the drinking water ordered to the other customer; and (c) took a hand to outside the victim’s hand with his/her bridge between the victim’s bridge; and (d) committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning a CCTV image recording and a photographic act;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered by taking into account the following factors: (a) the Defendant’s confession and reflects his mistake; (b) the Defendant agreed with the victim at the investigation stage; (c) the Defendant has no previous record of the same kind; and (d) the Defendant has no record of the suspension of execution or more; and (c) the sentencing

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 relevant agency pursuant to Article 4

Article 47(1) and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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