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(영문) 서울중앙지방법원 2019.06.20 2019고정1035

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 00:30 on January 16, 2019, the Defendant: (a) committed an indecent act by force against the victim on the part of the victim’s sexual organ flive hand on a set-off set-off set forth that the victim D (the 62 years of age) would interfere with the water surface; (b) would make the victim’s d (the 62 years of age); and (c) would cut away the soundness of the wall flive map at that place; and (d) would make the victim’s flive hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements related to D;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Article 298 of the Criminal Act applicable to the crimes;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment do not have any record of being punished for the same crime; although the defendant denied the crime by an investigative agency, the defendant all time and reflects the crime to the court; the circumstances leading to the crime are considered; the defendant's age, character and conduct, environment, motive and consequence of the crime; and the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as ordered by the order.

Where a judgment of conviction becomes final and conclusive against a defendant on the facts constituting an offense on which he/she has ordered to register and submit personal information, 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 obligated to submit personal information

The defendant exempted from the disclosure of personal information, notification order and employment restriction order does not have been punished for the same kind of crime, the defendant's age, social relation, details and methods of the crime, circumstances after the crime, and the risk of recidivism of sexual crime seems to be low, and the defendant's personal information is registered and sexual assault treatment program.