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(영문) 서울서부지방법원 2015.05.21 2014고단2957
강제추행
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

On August 24, 2014, around 01:45, the Defendant: (a) had the victim C (the aged 47) drive the Drab vehicle owned by the Defendant on behalf of the Defendant, and (b) had the victim C (the aged 47) drive the Drab vehicle on behalf of the Defendant at the Defendant’s house located in Seodaemun-gu Seoul, Seodaemun-gu 101, and committed an indecent act by force by force.

Summary of Evidence

1. Application of the Act on the Legal Statement of Witness C

1. Article 298 of the Criminal Act applicable to the crimes;

1. Articles 70 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. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, with which personal information is to be registered under Article 186(1) of the Criminal Procedure Act to bear litigation costs, 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the prevention of sexual crimes subject to registration which may be achieved thereby, the effect of protecting the victims thereof, etc.

The reasons for sentencing are as follows, the age, character and conduct, environment, etc. of the defendant.

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