beta
(영문) 서울동부지방법원 2019.05.30 2019고단298

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 16:20 on September 12, 2018, the Defendant: (a) entered the president’s room for 'C’ operated by the Defendant in Songpa-gu Seoul, Songpa-gu B and 2, on the ground that he would make samples of cosmetics from the victim D (n, 47 years of age) who was known to ordinary places of view into the president’s room; (b) closed the door and see the victim’s left arms by hand; and (c) laid down the victim’s knee.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The sentencing guidelines do not apply to the case where a person selects the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order.

1. The range of punishment by a fine not exceeding 15 million won;

2. Determination of sentence [Incompetence] in light of the background and content of the instant crime, etc., the liability for such crime is not minor.

The victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

Therefore, the victim is punished for the defendant because he/she has not been able to get used from the victim.

[Free circumstances] There is no record of punishment or punishment exceeding the fine for the same crime.

The investigative agency denied the crime, but it is against the wrong identification while making confession of the crime in this court.

The degree of indecent act is not very heavy.

The punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

On the criminal facts of a sex offense subject to registration, the personal information shall be registered and submitted.