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(영문) 서울중앙지방법원 2016.02.05 2015고단8217
준강제추행
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 October 4, 2015, at around 04:00, the Defendant: (a) placed a knife in the benife of a victim D (V, 21 years old) who was under the influence of alcohol in his/her own dwelling in Gwanak-gu, Seoul Special Metropolitan City; (b) laid the knife into the panty line; and (c) laid the knife with the knife, knife the knife into the knife line.

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 and 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a primary offender, but does not seriously reflect the sentencing. The degree of damage is not small, and the judgment of conviction on a sex offense subject to registration to be submitted by the victim, which is a sex offense subject to registration, becomes final and conclusive, 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 obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., 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, etc. of Children against Sexual Abuse.

Thus, the defendant is judged.

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