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(영문) 서울동부지방법원 2018.06.14 2018고단512
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 10, 2018, around 00:40 on February 10, 2018, the Defendant: (a) discovered the victim F (bee 21 years of age) that was dividing the talk with the writers in front of the E Public Notice Board located in Seongdong-gu Seoul, Seongdong-gu, Seoul; and (b) forced the victim to commit an indecent act by inducing the victim, such as leading about about 1 to 2 meters, so far as it is difficult for the victim to gather the arm to the space between the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment (in consideration of the defendant's absence of identical power and reflects the fact that he/she is serving against the defendant);

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

1. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 thus the defendant is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As such, a disclosure order or notification order shall not be issued to the defendant.

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