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(영문) 서울중앙지방법원 2016.02.12 2015고단8033
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 29, 2015, around 21:45, the Defendant, at the entrance of the 'C' main point of the 'C' located in Gwanak-gu in Seoul Special Metropolitan City, was met, and was charged with trial expenses to the victim D (25 Do) who is an employee of the said main point, and committed an indecent act by force on the part of the victim, as the victim's sexual organ was 2 times by his own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In a case where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense on which a person whose reason for sentencing was sentenced to Article 334(1) of the Criminal Procedure Act was sentenced to the punishment of a severe punishment against the defendant, and the defendant did not commit a second offense, the defendant has no previous conviction in light of the defendant's age, occupation, sex, family relationship, and all the sentencing factors indicated in the records, such as the defendant's age, occupation, sex, family relationship before and after the crime, etc., and the sex offense subject to registration to be registered, 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., there are circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

It is so ordered as per Disposition for the same reasons above.

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