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(영문) 서울동부지방법원 2016.06.16 2016고단895
준강제추행
Text

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

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

Reasons

Punishment of the crime

around 03:00 on December 9, 2015, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim E (V, 20 years old) was unable to resist due to the high depth of 4th floor fire fighting in Gwangjin-gu Seoul Special Metropolitan City, and by taking advantage of the fact that the victim E (V, 20 years old) was in a state of resistance.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant legal provisions on criminal facts, Articles 299 and 298 of the Criminal Act on the selection of punishment, and the selection of fines (such as: (a) the fact that a defendant has the past record of being sentenced to suspension of indictment for the same kind of crime; (b) the degree of criminal conduct is not relatively heavy; and (c) the defendant has recognized errors in this court);

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 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.

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