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(영문) 대전지방법원 천안지원 2014.12.05 2014고단1252
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On June 7, 2014, at around 17:25, the Defendant committed an indecent act by force against the victim on one occasion by putting his her turbane on the port side of the victim B (the age of 25) who is going to walk on the platform in the 2089 in the south-gu Seoul Metropolitan Government Southern circulation.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of C’s written laws and regulations

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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

1. The sentence identical to the order shall be determined in consideration of all the sentencing factors indicated in pleadings, such as the following: (a) the period of punishment under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to the defendant; (b) the degree of exercising the tangible power against the victim is relatively weak; (c) the defendant does not have the same criminal records; and (d) the defendant has divided the errors after committing the crime.

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, the accused 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 head

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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