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(영문) 서울중앙지방법원 2015.10.16 2015고단2020
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 January 28, 2015, at around 03:15, the Defendant expressed that when the Victim D (Woo, 25 years of age) and the Defendant walked on the street in front of Gwanak-gu, Seoul Special Metropolitan City, the Victim would be called as D and C, and that the Defendant would use the Victim’s chest as follows.

Accordingly, the defendant committed indecent acts against the person by assault.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to investigation reports (investigation into statements made by shots);

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

1. Optional fine;

1. Articles 70 (1) 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the Defendant had been punished by a fine of two million won for the same crime, was committed. The degree of indecent act in this case is not serious, and the Defendant’s mistake is recognized and reflects his/her judgment. Once the conviction on the crime subject to registration of personal information becomes final and conclusive, the Defendant becomes 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 obliged to submit personal information to the head of a competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age to be exempted from disclosure or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., it is determined that there are special circumstances that may not disclose or notify personal information. Thus, 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(

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