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(영문) 서울중앙지방법원 2012.09.19 2012고단3855

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2012. 5. 23. 23:30경 서울 종로구 C내 화장실 앞 노상에서 평소 C에서 안면이 있는 피해자 D(여, 51세)에게 다가가 “화대비를 1만 원을 줄 테니 한 번 만져보자”며 피해자의 오른쪽 가슴을 손으로 만졌고 피해자가 이를 뿌리치자 “이 씹할 년아! 이리 와봐!”라고 욕을 하는 등 그녀를 강제 추행하였다.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of examination of partial suspect against the defendant (including D's statement);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the petition of complaints filed in DNA;

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

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

1. When a conviction on the crime of this case against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is subject to registration of personal information, and the defendant is obliged to submit his personal information to the chief of the police station having jurisdiction

(Article 32(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: Provided, That the disclosure order and notification order are exempt inasmuch as it is deemed that the accused has no same record on the part of the accused, and there are special circumstances that may not disclose personal information in light of the circumstances of the instant crime, the degree of indecent act, the process and consequence of the instant crime,

(The proviso of Article 37 (1) and the proviso of Article 41 (1) of the same Act)