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(영문) 서울중앙지방법원 2018.03.30 2017고단8457
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 22, 2017, the Defendant, at around 01:03, 01:03, brought the victim F (n, 32 years of age), who was under the influence of alcohol in front of the E Park Jung-gu Seoul, Jung-gu, Seoul, to know about the Defendant, she her body with two arms and her hand, brought the victim's her kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k's k's kn's k

Summary of Evidence

1. Legal statement of the defendant (as at the date of the first public trial, in the case);

1. Statement made by the police with regard to F;

1. Application of statutes to the investigation report (on-site CCTV analysis);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full consideration of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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