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(영문) 서울북부지방법원 2019.01.15 2018고정1550
강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 20:30 on May 19, 2018, the Defendant got off three times in hand from the subway 7 trains that run the front line, and from the subway 7 trains that run the front line, the bucks of the victim B (the age of 49) who was seated in the front line.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (to hear statements from shots);

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes on CCTV-cap photographs and CCTV-recording CDs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, of personal information under Article 334(1) of the Criminal Procedure Act, 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

Considering the Defendant’s risk of recidivism, the type, motive, content, and consequence of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of victims, etc., the disclosure order and notification order shall not be issued against the Defendant, given that there are special circumstances where the disclosure or notification of personal information shall not be given pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

The defendant's age, occupation, risk of recidivism, the contents and motive of the crime in this case, the method and seriousness of the crime, and the employment restriction order shall be exempted.

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