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(영문) 서울남부지방법원 2019.02.13 2018고단4739
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 29, 2018, at around 15:10, the Defendant discovered that the victim D (e.g., 42 years of age) is smoking tobacco at the door side of the Yeongdeungpo-gu Seoul Metropolitan Government and C Community Service Center, and that the victim Daddd, “I am tobacco in his/her hands, if so,” but the victim Daddddd, stated that “I am dice, I am at the time, and do so.” The Defendant d'd the victim’s bath that “I am dice, I am the flish, and I am the flish. I am the victim’s left left chest part of the victim’s chest, which is the part of the company occupied by the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 accused is obligated to submit personal information

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are deemed to have special circumstances where personal information should not be disclosed and notified in full view of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order, and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim.

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