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(영문) 서울남부지방법원 2020.01.17 2019고단6155

준강제추행

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

On July 16, 2019, at around 00:12, the Defendant started from the bus stops in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 102-ro 102, and moved to the 1 Dong Residents' Center, the Defendant: (a) was at the seat next to the victim C (the 24-year-old) who was under the influence of alcohol and was seated behind the driver's seat and was able to resist due to the driver's seat; (b) was seated above the victim C (the 24-year-old) who was under the influence of alcohol; and (c) committed indecent act by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and reports on investigation;

1. Application of written statements and photographs to the victim;

1. Relevant laws concerning criminal facts, Articles 299 and 298 of the Criminal Act selection of punishment, and selection of fines;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

In addition, considering the defendant's age, occupation, risk of repeating a sexual crime, details and motive of the crime, method and seriousness of the crime, disclosure order, notification order, employment restriction order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order, the preventive effect of the sexual crime subject to registration that can be achieved, the effect of protecting the victim, etc., the defendant's personal information is disclosed and notified or the employment restriction order shall not be issued to welfare facilities for the disabled, such as children and juveniles-related institutions, etc.