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(영문) 서울동부지방법원 2015.12.24 2015고단2362
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

around 15:00 on December 15, 2015, the Defendant committed an indecent act by force on one occasion on the part of the victim’s left knife, knife to the victim D (W, 50 years of age) who first gets out of the stairs of the first floor underground in Gangdong-gu Seoul Metropolitan Government GGV film theater, Gangdong-gu, and 48.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Canadian dialogue legislation

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act with respect to the crime, the choice of a fine (including the fact that there is no record of the same crime against the defendant, and the degree of indecent act committed in the judgment is not relatively much serious);

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 becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration, 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 obligated to submit personal information to the competent agency pursuant to Article 43 of the Criminal Procedure Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

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