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(영문) 서울남부지방법원 2020.12.09 2020고단4107

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 45 years of age) are those who have worked in the same workplace.

On March 28, 2020, between 20:00 and 21:00 on the same day, the Defendant was aware of the victim’s booming from the “D” restaurant located on the second floor of the Geumcheon-gu Seoul Metropolitan Government building C, and the victim’s booming from the Defendant’s side to the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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 crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is 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 to the head of

In full view of the following circumstances: (a) the Defendant’s age to be exempted from the disclosure and notification order and the employment restriction order; (b) the type and content of the crime; (c) the process of the crime; (d) the social interest expected by the disclosure order and the employment restriction order; and (e) the prevention effect of sexual crimes; and (e) the disadvantage and anticipated side effects of the Defendant; and (e) the disclosure and notification of the Defendant’s personal information or the issuance of an employment restriction order with children, juveniles-related institutions, etc.

The reason for sentencing is the background of the crime in this case, the method and degree of indecent act, the fact that the defendant has no criminal record of the same kind, and the age, character and conduct, the motive, means and consequence of the crime, and the circumstances after the crime, etc.