beta
(영문) 서울서부지방법원 2021.02.08 2020고단3877

강제추행

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2020. 7. 31. 02:20 경 서울 용산구 B 아파트 C 앞에서, 술에 취한 피고인을 부축하던 피해자 D( 여, 32세) 의 손목을 잡아당겨 피해자를 끌어안고 피해자의 양 볼을 손으로 세게 눌러 입을 벌리게 한 후 키스하려 하였으나 피해자가 거부하자 혀로 피해자의 입술과 볼을 핥고 피해자의 겉옷 안에 손을 넣어 가슴을 주무르는 등 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant regarding D protocol concerning the interrogation of the suspect;

1. A complaint filed against D;

1. Application of the Kakao Stockholm dialogue legislation

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, which constitutes a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree of disadvantage that the Defendant was suffering due to the order, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order against the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.