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(영문) 서울중앙지방법원 2016.03.25 2015고단7775
강제추행
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 5, 2015, around 18:00, the Defendant committed an indecent act by force against the victim C (the 22 years of age) by knifing the victim C (the 22 years of age) in front of the second floor elevator underground of Seocho-gu Seoul Metropolitan Government building B.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police against C;

1. Application of CCTV-related Acts and subordinate statutes;

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. When a conviction of a sex offense subject to registration of personal information is confirmed, which is a sex offense subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, because the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, regardless of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, not yet agreed with the victim, and the degree of damage caused by 0 indecent acts committed by the victim is serious.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under 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, etc. of Children and Juveniles against Sexual Abuse.

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

It is so decided as per Disposition for the above reasons.

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