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(영문) 서울중앙지방법원 2017.11.09 2017고정2999

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 is the customer of the 3rd floor club of the building underground in Gangnam-gu Seoul Metropolitan Government, and the victim H (V, 34 years old) is the employee of the above "G".

On July 9, 2017, the Defendant: (a) around 02:25, around 02:G on July 9, 2017, on the part of the customers who ordered the shampoo and shamper in front of the 4 table, reported the above victim who was exercising the shamper in front of the shamper and shamper before the victim; and (b) the victim was her

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. H statements;

1. The application of the Acts and subordinate statutes to report internal investigation and investigation by each police;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, 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 to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and background of a crime, method and seriousness of a crime, crime record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the Defendant’s exemption from disclosure order and notification order, the preventive effect of a sexual crime subject to registration that may be achieved, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, it is not ordered to disclose or notify the defendant.