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(영문) 서울중앙지방법원 2020.11.26 2020고단7063

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 9, 2020, at around 09:58, the Defendant moved the right chest of the victim D (V, 20 years of age) located in Seoul, “C” clubs located in Seoul, and “C” clubs, up to strings, the Defendant her hand on one hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D and the investigation report of each police statement to E (C CCTV image analysis);

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 on Special Cases concerning the Punishment, etc. of Sexual Crimes under Punishment, etc. of Sexual Crimes Committed to Prison Detainment;

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