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(영문) 서울남부지방법원 2019.01.18 2018고단5069
강제추행
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On August 10, 2018, around 18:40 on August 10, 2018, the Defendant committed an indecent act by force against the victim C (or female, 24 years of age) who had been dividing her flock and talk in front of Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the provisional payment order takes into account the number of offenses in the instant case, the contents thereof, and the circumstances after the crime, etc., and taking into account other factors such as the defendant’s criminal records, age, character and conduct, environment, family relations, and the circumstances of the crime, etc., the sentence identical to the order shall

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, victim’s age, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage due to the above order, registration of personal information, order to complete a program, or order to attend a course, the effect of protecting the victim, etc., the above order shall not be issued to the Defendant on the ground that there are special circumstances where the disclosure of personal information, order to notify personal information, or order to attend a course may not be issued.

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