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(영문) 서울북부지방법원 2018.10.18 2018고정1087
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On March 17, 2018, around 13:30 on March 17, 2018, the Defendant committed an indecent act, such as making the chests of the victim D (50 years, women) several times at the “C” of the 1st underground floor B, Gangnam-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

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. 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 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 relevant agency pursuant to Article 43 of

When comprehensively considering the risk of recidivism, the type, motive, content, and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to an order of disclosure or notification, the prevention of the sex crime subject to registration that may be achieved therefrom, and the effects of the protection of the victim, etc. of the defendant exempted from the order of disclosure or notification of personal information, there are special circumstances in 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 of Children and Juveniles against Sexual Abuse.

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

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, the content and motive of the instant crime, the method and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the employment restriction order, and the preventive effects of the sex crime that may be achieved therefrom, etc., the Defendant’s juvenile should be considered.

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