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(영문) 서울남부지방법원 2017.11.15 2017고단3753
강제추행
Text

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

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

Reasons

Punishment of the crime

On June 2, 2017, around 08:20 on June 2, 2017, the Defendant committed an indecent act against the victim E (the family name, the 14-year age) in front of the Yangcheon-gu Seoul apartment building 101, with the intent of forcing the victim E (the 14-year age). While the Defendant passed by the victim, the victim’s her son’s her her her her her her her sent

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. An indecent act committed by a minor on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is not good in the nature of the crime. However, the Defendant’s confession and reflects his mistake, the Defendant has no record of criminal punishment prior to it, and other conditions of sentencing as indicated in the records and changes shall be determined by taking into account the following as a whole:

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 4

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect of sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is subject to personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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