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(영문) 서울중앙지방법원 2020.09.10 2020고단4161
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 23:50 on March 17, 2020, the Defendant started from the intersection of Seodaemun-gu Seoul Metropolitan Government and committed an indecent act by force against the victim D (V, 28 years old) who was seated by hand at the back of the cab (C), the back seat of which is going to the B apartment of Seodaemun-gu Seoul Metropolitan Government, and the sexual flag of the victim D (V, 28 years old) who was seated by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. If a conviction on the crime committed in the judgment of the court below which stated that the provisional payment order should be registered and submitted under Article 334(1) of the Criminal Procedure Act 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

Considering the Defendant’s age, occupation, risk of repeating a crime, type of crime, motive, process of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the above order, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., there is a special circumstance that should not disclose and notify the Defendant’s personal information or restrict employment.

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso of Article 50(1), proviso of Article 56(1), proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the proviso of Article 59-3(1) of the Act

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