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(영문) 서울중앙지방법원 2017.09.08 2017고정1994
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 25, 2017, at around 12:30, the Defendant, after the victim D (Inn, 26 years of age), set down down down the lower body part of the Defendant’s Defendant at the platform of subway B located in Gwangjin-gu Seoul Special Metropolitan City, at around 12:30, the Defendant her seated down the lower body part of the Defendant, and her seated the victim’s right side.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes related to CCTV screen images CDs in the C Station 8-1 platform lines;

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. 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 which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests a formal trial)

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