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(영문) 서울북부지방법원 2017.01.19 2016고단4649
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 28, 2016, around 14:50 on June 28, 2016, the Defendant: (a) intending to sit the victim D (Woo, 83 years of age) in a park located in the Jung-gu Seoul Metropolitan Government, and to sit back to the side of the party who suffered a sudden damage while making a conversation, and (b) carried the victim’s shoulder with the left hand, and (c) told the victim’s buckbuck bucks on the part of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation into witnesses;

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing are as follows: (a) comprehensively consider the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, and determine the same sentence as the order.

- The victim’s fear of sexual humiliation is not easy to feel, - the registration of personal information that has no record of being punished for committing a crime, reflectability, or sex offense, and the conviction of a sex offense subject to registration becomes final and conclusive, Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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