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(영문) 서울북부지방법원 2020.03.27 2019고정1514
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

피고인은 2019. 8. 29. 18:42경 서울 강북구 B에 있는 지하철 C역 1번 출구 부근의 에스컬레이터에서 피해자 D(여, 36세)의 뒤로 다가가 갑자기 손으로 피해자의 엉덩이를 툭 치듯이 만져 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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

1. The main sentence of Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting the crime stated in the judgment that should be registered and submitted with personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency

In light of the Defendant’s age, social relation, risk of repeating a crime, anticipated side effects of the Defendant’s disadvantage due to an order of disclosure or notification of information on the registration of the Defendant, prevention of sex crimes subject to registration that may be achieved therefrom, and effect of the protection of victims, etc., the court shall not issue an order of disclosure or notification to the Defendant pursuant to the proviso to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

When comprehensively taking into account the defendant's age, occupation, existence of the record of punishment for sex crimes, details and motive of the crime, methods of committing the crime, severity of the crime, etc., the risk of recidivism is significantly low or is very low.

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