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(영문) 서울북부지방법원 2013.08.07 2013고단1023
강제추행
Text

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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 06:00 on April 12, 2013, the Defendant committed soup at DD located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, by taking out the locked back to the victim E (the 19-year old-old) who was diving, and sucking the victim’s milch, and sucking the victim’s milch, thereby committing an indecent act.

Summary of Evidence

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

1. The Defendant did not make indecent acts by force against the victim, and even if the victim’s body was confirmed, the Defendant asserted that he/she is not responsible because he/she did not have the victim’s body. However, according to the records, the Defendant appears to have committed an indecent act against the victim, and thus, the above assertion is rejected.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that are subject to the registration 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 the defendant is obligated to submit personal information to the head of police office having jurisdiction

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified in accordance with 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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