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(영문) 서울중앙지방법원 2015.09.11 2015고단487

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant worked as a main restaurant in the Dongjak-gu Seoul Metropolitan Government, and the victim D (V, 56 years old) was engaged in the main support work in the above restaurant.

Around July 25, 2014, the Defendant committed an indecent act by force against the victim, such as the victim, who was working in the above restaurant room, brought about the victim's face lower than the victim's face, and spops spops spops.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D (the act of the defendant, the content of damage, the fear and response of the victim, and the situation before and after the crime are consistent and concrete. The victim's statement does not appear to be false, and its credibility is recognized) application of the law.

1. Relevant Article of the Criminal Act, Article 298 of the Criminal Act, the option of punishment, and the choice of fines (an act committed in the reasoning of the accused constitutes an indecent act that causes sexual humiliation or aversion of the victim as an exercise of tangible force committed against the victim D's will);

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense 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 is obligated to submit personal information to the competent agency pursuant

The defendant's age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim.