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(영문) 서울중앙지방법원 2015.12.11 2015고단6769
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 19, 2015, at around 22:15, the Defendant committed an indecent act by force against the victim C (the family name, the female, the age of 41) by putting his son and her son with his son and mother in the street located in 170 above the Dongjak-gu Seoul Metropolitan Government 170.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

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

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Reduction of Liability;

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, where a conviction becomes final and conclusive on the criminal facts stated in the judgment that a sex crime subject to registration is a person subject to personal information registration 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 the competent agency pursuant to Article 43 of the same Act, in consideration of the defendant's age, character and conduct, family relationship, home circumstances before and after the crime, and all of the factors of sentencing indicated in the records, such as the defendant's age, character and conduct, family relationship, family circumstances, etc., and circumstances before and after the crime.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order and notification of personal information against the Defendant is considered as a whole.

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