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(영문) 서울중앙지방법원 2014.10.08 2014고단4784
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 June 24, 2014, around 19:40 on June 24, 2014, the Defendant: (a) took the beer with a bad hand while having a beer in the Guide of Seoul Special Metropolitan City, the Defendant committed an indecent act by force against the victim E (the 20 years of age) who is an employee of the beer hall.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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

1. Articles 70 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. Where a conviction of the defendant against the crime subject to registration of personal information is finalized in consideration of the defendant's age, character and conduct, degree of indecent act, circumstances before and after the crime, etc., which is a sex offense subject to registration of personal information under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42 (1) of the same Act, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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

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