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(영문) 서울북부지방법원 2016.12.08 2016고단4400
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 30, 2016, around 17:10 on August 30, 2016, the Defendant discovered the victim D (n, 24 years of age) with cosmetic C located in Gangseo-gu Seoul Metropolitan Government B, and found the victim D (n, 24 years of age) with cosmetics, and the victim Dadd with the victim's own hand floor, and committed indecent act by force on the part of the victim as if her her son was sleepd twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A criminal investigation report (to attach video recording data in the scenario);

1. Application of the Acts and subordinate statutes to a criminal investigation report (to attach visual data to visual images to a photograph).

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) 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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism; and (c) profits and preventive effects expected from the disclosure order and the disclosure order of this case and the disclosure order of this case; and (d) disadvantages and side effects of the disclosure order, the Defendant’s personal information shall not be disclosed or notified; and (d) the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, occupation, character

- The Defendant does not feel sexual humiliation or mental suffering that the victim saw, and the victim does not have any other way to feel, - the registration of personal information that has no record of being punished for a crime, and the conviction of a sex offense subject to registration becomes final and conclusive, pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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