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(영문) 서울남부지방법원 2019.03.20 2018고단5657

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around 02:30 on September 1, 2018, the Defendant committed an indecent act by force against the victim, she was at the Yangcheon-gu Seoul Metropolitan Government Demb, and at the same time under the influence of alcohol, the victim C(V, 27 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112 Statement of processing of reported cases and the application of Acts and subordinate statutes in writing;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and expected side effects of the Defendant’s disadvantage, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., where the disclosure of personal information may not be disclosed or notified, the Defendant shall not be sentenced to the disclosure or notification order pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.