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(영문) 서울서부지방법원 2015.06.10 2013고단2755
강제추행
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On September 10, 2013, at the D cafeteria located in Yongsan-gu Seoul Metropolitan Government on September 10, 2013, the Defendant, while drinking alcohol such as the victim E (at the age of 41), committed an indecent act by force, by making two times the sound of the victim who was seated on his right side, and by making two times the sound of the victim, who was her son and son on one occasion only.

Summary of Evidence

1. Statement made by a witness F in the third protocol of the trial;

1. Statements made by witnesses G in the fourth trial records;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information to the competent agency pursuant

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved therefrom, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. of the Defendant’s exemption order of personal information disclosure order or notification order, it is determined that there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant shall not be ordered to disclose

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