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(영문) 서울남부지방법원 2013.12.10 2013고정1975
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 29, 2012, at around 18:05, the Defendant found that the victim B (n, 38 years of age) was in a cell phone call in front of the crosswalk in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 618-496, and forced the victim to commit an indecent act by inserting the victim’s hand into the victim’s bucks.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. B accusation;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 298 of the Criminal Act and Article 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. In principle, inasmuch as an accused who committed a sexual crime of judgment on whether to impose an order to complete a program under Article 334(1) of the Criminal Procedure Act is convicted of a fine, a court shall impose an order to complete a program on the accused in principle (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the summary order of the instant case, the accused did not impose an order to complete a program on the accused, and the accused requested a formal trial only, the court does not impose an order to complete a program pursuant to the principle of prohibition of disadvantageous change under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). If this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Articles 42(1) and 2(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

The order of disclosure or notification of registered information about whether to issue an order of disclosure or notification of registered information needs to be careful as it may have a significant impact on the defendant, and in this case, personal information can be seen to have an effect to prevent recidivism of the defendant to a certain extent only with the registration of personal information.

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