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(영문) 서울남부지방법원 2017.07.03 2017고정754
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 December 23, 2016, around 20:45, the Defendant discovered the victim D (54 years old) who is an employee at the seat of the toilet in the Gangseo-gu Seoul Metropolitan Government apartment apartment building branch, and committed an indecent act by coercioning the victim's her son with his son's son's son at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (a CCTV image recorded on the face of a crime);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only a defendant requests a formal trial only), 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 relevant agency pursuant to Article 4

In light of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process, seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant may not disclose 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 to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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