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(영문) 서울중앙지방법원 2015.11.27 2015고단4574
준강제추행
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 February 15, 2015, at around 08:05, the Defendant exceeded the Victim E (Nam, 20 years of age) and panty, who was under influence of alcohol, in the second floor of “D”, a place of public smuggling located in Seocho-gu Seoul Metropolitan Government, and exceeded panty, and rhythm the body of the Defendant was fasted.

Accordingly, the defendant committed indecent acts against people in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on witness E's partial statement;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. The sentencing of Article 334(1) of the Criminal Procedure Act recognizes the error that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act has many records of having been subject to a disposition of suspending indictment or having no power to institute a public prosecution for the same kind, and contraryly, recognizes the error that there is no power of having been punished, and if the judgment of conviction on the criminal facts in the judgment that the victim does not want punishment against the defendant is serious because the victim would not want such punishment by mutual consent, 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 the defendant is obligated to submit personal information

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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