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(영문) 서울남부지방법원 2015.04.24 2015고단482
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 November 8, 2014, at around 17:35, the Defendant, within the subway line 9 lines that are operated in the direction of salt creation in the mountain station located in Yeongdeungpo-gu Seoul Metropolitan City, laid down the hands of the victim C (V, 50 years old) going on the side, committed an indecent act by force by driving on the victim’s left chest.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to a criminal investigation report (a service file) and a mobile phone recording file;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was led to the confession of the crime of this case in the investigative agency only when the defendant avoided the crime of this case, and the victim was forced to feel a considerable sense of shame by compulsion in the subway, but it seems that the victim did not make any particular effort to recover the damage of the victim. The defendant did not have the same criminal record, and the defendant did not have any other criminal record, and all of the sentencing factors indicated in the records and arguments of this case, including the defendant's age, character and behavior, the background of the crime, and circumstances

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes 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 obligated to submit personal information to a related agency pursuant to

The defendant is subject to an order to disclose or notify personal information, due to his/her age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, order to disclose or notify such information.

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