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(영문) 서울중앙지방법원 2018.02.09 2017고단7487
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 14, 2017, around 08:35, the Defendant viewed the entrance in the front line of subway No. 4, subway No. 4, which focuses on D Station located in Jung-gu Seoul Metropolitan Government, and took the entrance in front of the entrance, and then, on the front side of the victim E (the 20-year-old age), the Defendant committed an indecent act by force against the victim by putting his own arms back on the right chest of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation Report (STV Video Confirmation) (The Defendant denied the instant crime, but the Defendant is found guilty in light of the above evidence).

Application of 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant shall be ordered to disclose or notify to the public.

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