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(영문) 서울북부지방법원 2019.05.15 2018고정1680
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 10, 2018, at least 21:30, the Defendant committed an indecent act by force against the victim by bucking off the victim D(50 years of age) from buckbucks to her seat in Seoul Special Metropolitan City, Nowon-gu, in his hand.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Examination protocol of police suspect regarding D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the disclosure order and notification order of this case, disadvantage and side effects, etc., the Defendant’s personal information disclosure and notification order of this case shall not be disclosed or notified, and the special circumstances under which the restriction on employment shall not be ordered, shall not be ordered to disclose or notify the Defendant’s personal information, and any special circumstances under which the restriction on employment shall not be ordered pursuant to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes:

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 obligated to submit personal information to the head of a competent police office pursuant to Article 4

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