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(영문) 서울남부지방법원 2015.01.07 2014고단4574

강제추행

Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. On August 29, 2014, around 12:53, Defendant A committed an indecent act by committing an indecent act against the victim by putting the victim’s chest on the part of the defendant’s right breast part of the victim, who was seated and worked by taking the victim into the customer and taking a meals, at the F cafeteria operated by Guro-gu Seoul Metropolitan Government D 1st floor E (the age of 58). On September 14, 2014, the Defendant committed an indecent act by taking the victim’s chest by taking the victim into custody at the above cafeteria around 20:24, 2014.

2. On September 10, 2014, Defendant B, while taking meals at the above F cafeteria, committed an indecent act against the victim by deceiving the victim’s her amb, etc. with his left hand, and committed an indecent act on October 22 and 19, 2014 by taking the victim’s ambane at the above cafeteria.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to police statements made to victims E;

1. Relevant Articles of the Criminal Act and the Defendants’ Selection of Punishment: Article 298 of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants ordered to complete program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants of the provisional payment order: Although the nature of the crime in light of the background, contents, etc. of each of the crimes of this case in the sentencing reason of Article 334(1) of the Criminal Procedure Act, the sentence is rendered as ordered in consideration of the following factors: (a) the fact that their mistake is recognized, the fact that there is no record of punishment; and (b) the Defendants’ age, character and conduct, family environment, etc.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendants are subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and they are obligated to submit personal information to the competent agency pursuant to Article 43

An order to disclose and notify registered information.