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(영문) 서울동부지방법원 2015.01.23 2014고단3294
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

Criminal facts

On October 19, 2014, at around 03:40 on October 19, 2014, the Defendant, who was divingd in Caw or water surface room located in Gwangjin-gu Seoul Special Metropolitan City, was able to put his hand into the inner part of the victim D (the age of 24), and had the victim's left hand, put his hand into the Defendant's inner part.

Accordingly, the defendant committed indecent acts against the victim by using the state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 299 of the Criminal Act and Articles 299 and 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 fact that the victim’s reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order appears to have suffered considerable mental harm is unfavorable to the Defendant.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that there is no record of criminal punishment in Korea is favorable to the defendant.

In this context, the punishment is determined as ordered by comprehensively taking into account all the conditions for sentencing, including the type and degree of the instant indecent act, the circumstances after the crime, the defendant's age, character and conduct, family environment, etc.

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be 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 shall be obligated to submit personal information to the relevant agency, as prescribed in Article

When considering the age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which can be achieved therefrom, and the effect of protecting the victim, etc. of the defendant exempted from the disclosure order or notification order.

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