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(영문) 서울중앙지방법원 2015.10.21 2015고단4418
강제추행
Text

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

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

Reasons

Punishment of the crime

On May 9, 2015, at around 17:10, the Defendant committed an indecent act on the part of the victim C (e.g., 41 years old) who was under the influence of alcohol with her husband at around 1753-5 on the south-gu Seoul Special Metropolitan City, Seoul, by reporting the victim C (e.g., her husband) who was under the influence of alcohol with her husband at the right hand of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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. In a case where a conviction becomes final and conclusive on the criminal facts indicated in the judgment that constitute a sex crime subject to registration and submission of personal information in consideration of the defendant's age, character and conduct, health conditions (class 2), family form, circumstances before and after the crime, etc., the defendant is subject to registration pursuant to 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 competent agency pursuant to Article 43 of the same Act, inasmuch as the defendant is subject to registration of personal information under Article 42(1) of the same Act.

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 protection effect of the victim, etc., the disclosure order and notification of personal information should be given to the Defendant, given that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

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