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(영문) 서울남부지방법원 2014.05.09 2013고정3213
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 18, 2011, at around 11:30, the Defendant discovered out the fact that the victim D was divingd in the male waters room of Yeongdeungpo-gu Seoul Metropolitan Government “Carib,” and committed an indecent act against the victim by means of cutting down the victim’s sexual organ for one minute and shaking.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Where a conviction against the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 5 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit the personal information of the accused to the head

In principle, a court shall impose an order to complete a program on a defendant who has committed a sexual crime resulting from the judgment of conviction of a fine (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the summary order of this case, the defendant did not impose an order to complete a program, etc. on the defendant, and only the defendant applied for formal trial, the court does not impose an order to complete a program pursuant to the principle prohibiting disadvantageous alteration pursuant to Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). The Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and gravity of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s admission due to the disclosure order or notification order.

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