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(영문) 서울중앙지방법원 2014.03.28 2013고단8528
준강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 05:20 on December 2, 2013, the Defendant, at the 6th week of “E” located in Gwanak-gu in Seoul Special Metropolitan City, committed an indecent act by taking advantage of the victim’s refusal to resist by taking advantage of the victim’s failure to resist, while the Defendant, while drinking alcohol together with his/her her f (age 24), f (age 24), f (age f (age f), f (age f (age f), f (age f), f (age f), f (age f), f (age f), f (age f), f (age f), f (age f

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

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

1. Where a conviction against a defendant is finalized in regard to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the defendant is obligated to submit personal information to a related agency

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method 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 effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

It is so decided as per Disposition for the above reasons.

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