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(영문) 서울중앙지방법원 2015.11.06 2015고단5761
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 14, 2015, the Defendant, around 12:43, 2015, placed his hand over to the rear of the victim C (the age of 25) who is waiting to move the electric vehicle from the subway No. 4 line, Eastern Station, Seoul, and the Cultural Park Station, which is located in 230, the Jung-gu, Jung-gu, Seoul, in the direction platform of the direction platform, and committed an indecent act by force against the female by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the internal report (CCTV verification), investigation report (CCTV verification, No. 4 lines), investigation report (CCTV verification, No. 2 lines);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Optional fine;

1. Articles 70 (1) 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order acknowledges and reflects the defendant's mistake as a initial offender, if the defendant's conviction on the criminal facts in the judgment that the defendant is a sex offense subject to registration of personal information, which is a sex offense subject to registration of the victim's punishment, has become final and conclusive, 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 obliged to submit personal information to the head of a competent police office pursuant to Article 43 of the same Act.

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that any special circumstance to not disclose or notify personal information shall be determined in full view of the Defendant’s age, record of the crime, content and motive of the crime, method and consequence of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc.

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