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(영문) 서울중앙지방법원 2015.05.22 2014고단10175

강제추행

Text

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

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a person who operates a drinking house mainly used by the same-sexs in Jongno-gu Seoul Metropolitan Government D, and Defendant B is a person who has a relationship with A and is a customer in the drinking house.

1. Defendant A, from around 05:00 on July 25, 2014 to around 06:00 on the same day, at the foregoing drinking house operated by the Defendant, the victim E (the age of 18) who first worked as an employee during the said day as a guest B, etc., and other employees, was seated “on the side,” and the victim was seated “on the second known of the width,” and the victim was sexually expressed as the victim’s hand.

Accordingly, the defendant committed indecent acts by force against the victim.

2. Defendant B, who was seated next to the above date, time, and place, stated that “I would am to this end, I must do so.” It included the Defendant’s hand in the victim’s panty and became the Defendant’s sexual flag.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

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. Where the conviction of the Defendants on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the Defendants are subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and they are obligated to submit personal information to the competent agency in accordance with Article 43 of the same Act.

The defendants may sustain due to the defendants' age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order.