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(영문) 서울동부지방법원 2018.05.03 2017고단3811

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 1, 2017, at around 04:12, the Defendant: (a) sought the victim’s speech that he/she would return to the end of business hours from the DPC room located in Gangdong-gu Seoul Metropolitan Government (the age of 42) that he/she would return; and (b) met the victim’s shoulder that he/she should pay at the time; (c) met several times; (d) made the victim’s shoulder that he/she would be used through several times from the shoulder below the victim’s shoulder to the humbol; and (e) forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (12 reporters and telephone communications);

1. Application of three text messages photographs to three Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as ordered shall be determined by comprehensively taking account of the following circumstances and other conditions of sentencing specified in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and the records:

Although a written agreement between the victim and the victim was paid to the victim and the victim was submitted, the victim argued that the victim was forced to reach an agreement around and was punished by the defendant, there was a same record on the defendant. However, if a conviction on the crime of this case is finalized against the defendant who is obligated to register and submit personal information in light of 2006, 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship, background and process of the instant crime, and profits and preventive effects expected from the disclosure orders and Notification Orders.