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(영문) 서울서부지방법원 2018.11.23 2018고정887
강제추행
Text

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

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

Reasons

Punishment of the crime

On May 1, 2018, from around 01:00 to around 02:00 on the same day, the Defendant committed an indecent act by force against the victim by making the victim’s bucks by hand while drinking together with the victim D (Inn, 18 years of age) who is a succeeding student of the same school, while drinking together with the “C main store” located near Mapo-gu Seoul Metropolitan Government B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the crimes;

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. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, 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

Article 47(1) and Article 49(1) proviso to Article 49(1), the proviso to Article 50(1), and Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, disclosure or notification order or employment restriction order, the degree of disadvantage and anticipated side effects that the Defendant would suffer due to the Defendant’s age, occupation, risk of recidivism, method and consequence of the crime, and seriousness of the crime, disclosure or notification order, and employment restriction order, and the preventive effect of the sexual crime subject to registration that could be achieved therefrom, there are special circumstances in which disclosure of personal information or employment may not be restricted.

Since it is judged that the defendant does not issue an order of disclosure notification and employment restriction to the defendant.

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