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(영문) 서울중앙지방법원 2018.02.14 2017고단4805
강제추행
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On January 19, 2017, around 05:10 on January 19, 2017, the Defendant discovered the Victim D (M, 22 years of age) who was walking in front of the building located in Gwanak-gu in Seoul Special Metropolitan City, and became the chest and a part of the Victim's chest with the Victim's own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the selection of a fine and the selection of a fine (including the denial of the fact of crime and the absence of agreement with the victim, but the father and degree of conduct, behavior of prosecution, and the absence of criminal records of the same kind)

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.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

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

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