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(영문) 서울남부지방법원 2018.12.26 2018고단5138
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

The defendant and the victim B(51) are not known to each other.

The Defendant, at around 22:00 on August 23, 2018, was the main point of “D” located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, as a matter of age, when he/she did drinking together with the victim, and became the victim’s age.

내가 볼 땐 여자 같은데, 남자 맞어 꼬추 만져 보자, 꼬추. ”라고 말하면서 피해자의 성기를 만져 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex offense subject to registration, the Defendant 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, in accordance with Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant may be ordered to disclose or notify to the public.

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