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(영문) 서울중앙지방법원 2017.03.10 2017고단355
강제추행
Text

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

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

Reasons

Punishment of the crime

On November 3, 2016, the Defendant: (a) was a manager in the 26th floor drinking section of the Seoul Central-gu Seoul Central District Office building C on November 11:30, 2016; (b) committed an indecent act against the victim, who was an employee of the victim D (V 22 years of age) who was a staff member of the said 26th floor inside the studio, seated in the stife room; (c) laid down his hand into the stits of the victim’s own kis; and (d) committed an indecent act against the victim by forcing the victim by using the stits of the victim’s own knife, who was subject to an objection from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes to a report on investigation (recording data on victim Ecom);

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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) 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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