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(영문) 서울북부지방법원 2019.01.28 2018고정1673

강제추행

Text

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

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

Reasons

Punishment of the crime

On August 27, 2018, at around 21:20, the Defendant committed an indecent act by force against the victim, such as the victim D (one, half, and fifty-five years of age) who was in front of the exit of the C Station No. 5 located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, in front of the street store operated by the victim D (one, half, and fifty-five years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to investigation reports (CCTV investigation);

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 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued;

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

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order and anticipated side effects of the disadvantage and side effects of the Defendant put on the Defendant, the Defendant shall not disclose or notify personal information to the public, and the effect of protection of the victim, if a conviction becomes final and conclusive on the facts in the judgment that constitute a sex offense subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.