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(영문) 서울중앙지방법원 2013.06.14 2012고단5063
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 27, 2012, around 00:30 on July 27, 2012, the Defendant committed an indecent act by force against the victim E (the age of 42) who had drinking alcohol in the Jongno-gu Seoul Metropolitan Government, by holding the victim E (the age of 42) as “surd, reworking,” and by drinking the victim’s sexual organ with a bad hand.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of victim E in the police and the chief of a criminal complaint (Adoption under Article 314 of the Criminal Procedure Act);

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 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 of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant to Article 33 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances under which personal information shall not be disclosed pursuant to the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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

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