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(영문) 서울남부지방법원 2013.10.15 2013고정893
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 23, 2012, at around 00:05, the Defendant discovered the victim D (26 years of age, women) who followed the male-gu male-friendly C in front of Geumcheon-gu Seoul Metropolitan Government, and made a indecent act by force by force, on a timely basis, the victim’s grandchildren and chests were delivered once.

Summary of Evidence

1. Statement of D police statement;

1. Application of D’s Acts and subordinate statutes on the complaint;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) of the provisional payment order is based on the following: (a) the degree of indecent act committed by the instant crime; (b) the Defendant has no record of being punished for the same crime; and (c) the circumstances, means

In principle, a court shall impose an order to complete a program on a defendant who has committed a sexual crime of judgment as to whether to impose an order to complete a program, inasmuch as the defendant is convicted of a fine (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the summary order of this case, the defendant did not impose an order to complete a program, etc. on the defendant, and only the defendant filed an application for formal trial, and thus the defendant does not impose an order to complete a program pursuant to Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). If this judgment to submit personal information 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

The order of disclosure and notification of registered information about whether or not to issue an order of disclosure or notification of registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, the effect of preventing recidivism of the defendant can be achieved only to some extent by the registration of personal information.

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