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(영문) 서울북부지방법원 2017.10.19 2017고단3463
강제추행
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 October 19, 2016, between 21:30 on the same day and 23:00 on the same day, the Defendant committed an indecent act by force against the victim, such as: (a) the victim’s main points at which the victim C (n, 20 years of age) works in Seoul Special Metropolitan City, Nowon-gu, called “I kicking next to the victim”; (b) the victim’s right edge and the parts of the bucks are used as his hand; and (c) the victim’s control over it, and (d) wucks down the part of the victim’s hump with his arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- With respect to the commission of sexual humiliation or mental impulses that the victim was stimulated, - in a case where the recognition of a crime and reflectivity, the registration of personal information that has no record of punishment for a sex offense, and the conviction of a sex offense subject to registration is finalized, pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where the defendant is found guilty.

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