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(영문) 의정부지방법원 고양지원 2014.08.29 2014고단1193
강제추행
Text

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

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

Reasons

Punishment of the crime

On June 17, 2014, around 17:25, the Defendant committed an indecent act by force against the victim according to the number of times according to the victim's son (here, 27 years of age) who was an employee of the business partner, when the victim was pushed off by using the gaps in the 6th floor of the Goyangdong-gu Seoul Building C building in Goyang-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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. Where a conviction of a defendant against a sexual crime subject to 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 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 a competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence, and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information shall not be ordered pursuant to

Although the reason for sentencing is not good for the defendant to commit an indecent act like the crime by taking advantage of his occupational relation with the victim, it seems that the degree of indecent act is very serious.

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