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(영문) 서울남부지방법원 2014.03.14 2014고단49
준강제추행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 27, 2013, around 06:40 on October 27, 2013, the Defendant committed an indecent act against a female by taking advantage of the victim’s mental health condition, such as drawing back the victim D (n) who was divingd in the C-Sae or the water surface room located in Guro-gu Seoul Metropolitan Government, and using the back, head, and khhing of the female as his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning the investigation report (victim investigation, CCTV analysis investigation, confirmation of the same subject), CCTV extractment photographs;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on September 22, 2006, the Defendant had a record of having received a summary order of KRW 2,00,000 as a quasi-indecent act by compulsion at the Seoul Southern District Court on September 22, 2006. The degree of indecent act by the instant crime, the Defendant’s mistake is divided, and the circumstances, means, methods, results, etc. of the instant crime shall be determined as indicated in the Disposition.

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime subject to registration and submission of personal information, 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 obligated to submit personal information to the relevant agency pursuant to

Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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