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(영문) 서울동부지방법원 2017.06.08 2017고단950
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 November 17, 2016, around 19:23, the Defendant: (a) set off the electric car running in the subway C station located in Gwangjin-gu Seoul, Seoul, Seoul, which was located in B; (b) and (c) the amblock of the victim D (V, 25 years old) was fright one time as a drinking part; and (d) committed an indecent act by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. The main sentence of 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 (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

Where a conviction on the instant criminal facts is finalized against the Defendant to be registered and submitted as a result of the fact that the Defendant appears to have failed to feel a sense of shame or mental impulse, and that the Defendant constitutes 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 thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general against him/her)

The fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent. In addition, the Defendant’s age, family relationship, background and process of committing the instant crime, benefits and effects expected by the instant disclosure order and notification order, and disadvantages and side effects therefrom, etc.

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