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(영문) 서울서부지방법원 2014.06.25 2013고단3392
강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 02:00 on September 8, 2013, the Defendant, at the main point of “D” located in Mapo-gu Seoul Metropolitan Government, performed a game with the victim E (n, 28 years of age) while drinking alcohol, committed an indecent act against a female by inserting his/her finger in the clothes of the victim himself/herself and forcing him/her to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are the primary offenders, and the conditions of sentencing, such as the background of the instant crime and the circumstances after the instant crime, shall be equally taken into account.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused 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 the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method of a crime, seriousness of a crime, an order to disclose or notify personal information of this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information of this case, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc. in comprehensive consideration of the Defendant’s age, occupation, risk of repeating a crime, motive of the crime of this case, method of the crime, seriousness of the crime, the order to disclose or notify the personal information of this case, etc., the court shall not issue an order to disclose or notify personal information of the Defendant pursuant to Articles 47(1) and 49(1) of the Act

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