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(영문) 서울남부지방법원 2013.03.05 2013고정332
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

피고인은 2012. 11. 14. 01:50경 서울 영등포구 C 앞 노상에서 서로 나란히 팔짱을 끼고 있는 피해자 D(여, 27세), E(여, 20세)에게 순간적으로 욕정을 일으켜 뒤쪽에서 피해자들의 허리를 감싸고 또한 엉덩이를 번갈아 만지며 "같이 놀자" 라고 얘기하는 등 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment do not have any record of being punished, and the confession of the crime in this case and reflects the defendant, the defendant has a fluoral disease, and the circumstances, means, methods, and results of the crime in this case shall be determined as the same as the order.

Where a judgment to submit personal information becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Articles 32 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the chief of the competent police station pursuant to Article 33 of

However, an order to disclose or notify the registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant. Thus, it does not issue an order to disclose or notify the registered information.

It is so decided as per Disposition for the above reasons.

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