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(영문) 대전지방법원 천안지원 2017.04.21 2016고단770
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 3, 2015, at around 06:37, the Defendant committed an indecent act by force against the victim D (Woo, 21) who was divingd within the 7th floor C Sari or soil digging of the Bupyeong-gu Incheon Bupyeong-gu B building on August 3, 2015.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

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

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. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to the registration of personal information in consideration of the fact that there is no record of the same kind of crime for the sentencing of Article 334(1) of the Criminal Procedure Act, and the degree of conduct, etc., the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to obligation to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, 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, and the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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

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