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(영문) 서울중앙지방법원 2014.03.27 2014고단810
준강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 14, 2013, at around 03:10 on October 14, 2013, the Defendant committed an indecent act by taking advantage of the victim’s condition of mental disorder or of failing to resist, by finding out the victim E (n, 21 years of age) who was divingd, and by inserting his hand with the victim’s clothes, her chest, knife, and so on.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 (Selection of Punishment of Fines)

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

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