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(영문) 서울남부지방법원 2014.01.21 2013고단4051
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 15, 2013, at around 20:00, the Defendant discovered the victim C (the age of 61) who was a neighboring resident of Yeongdeungpo-gu Seoul Metropolitan Government while smoking tobacco in front of his/her own residence, and committed an indecent act by force against the victim, with the intention of inducing the victim to commit indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order do not have any record of being punished for the same crime, and the confession of the crime in this case, and the details, means, methods, results, etc. of the crime in this case shall be determined as the sentence

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

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

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