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(영문) 서울중앙지방법원 2019.10.29 2019고정1810
강제추행
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Criminal facts

On May 24, 2019, at around 08:39, the Defendant committed an indecent act by force on the part of the victim D (name, leisure, age 26) after the victim D (name, age 26).

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police in relation to D;

3. Investigation reports (verification of CCTV images) and application of CCTV-cap photograph Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

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

4. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Amended by Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

5. Article 334 (1) of the Criminal Procedure Act.

6. In light of the fact that the registration of personal information and the completion of sexual violence therapy does not have any evidence to conclude that the defendant has a sexual crime, or that there is no risk of recidivism, Article 47(1) and Article 49(1) and the proviso of Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, the registration of personal information and the completion of sexual violence therapy can have an effect to prevent recidivism of the defendant to a certain extent. In addition, considering the defendant's age, character, character, environment, family relationship, and the disclosure and notification of the defendant's personal information, taking into account the defendant's age, personality and behavior, anticipated side effects and expected side effects, and the prevention effect of sexual crimes that can be achieved thereby, the defendant should not notify the disclosure of personal information to the public of personal information.

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