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(영문) 서울중앙지방법원 2016.11.18 2016고단6730
강제추행
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 13, 2016, at around 13:35, the Defendant was seated on the left side of the 20th female victim who was stopped in subway 4 subway lines in Dongjak-gu Seoul Metropolitan Government on September 13:35, 2016, and the name is unknown, and the Defendant was divided into the left chest of the victim with his own right arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (personal information on reporters and reported matters);

1. Application of Acts and subordinate statutes on closure photographs;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act with respect to the crime, the choice of a fine (including the father and degree of an indecent act, the behavior of an indecent act, the initial crime and the reflection thereof, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention effect of sexual crimes subject to registration which may be achieved therefrom, effect on the protection of the victim, etc., the disclosure order and notification order shall not be issued to the Defendant on the grounds that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection, etc. of Children

It is so decided as per Disposition for the above reasons.

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