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(영문) 서울중앙지방법원 2020.10.14 2020고정563

강제추행

Text

Defendant shall be punished by a fine of five million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant and the victim B (for example, life, age 23) are not known to each other, and they are customers of the "C" club on August 15, 2019.

On August 15, 2019, around 06:30 on August 15, 2019, the Defendant: (a) brought the victim back from the C clubs located under Gangnam-gu Seoul Metropolitan Government D to the ground, waiting for friendship, and (b) committed an indecent act against the victim’s will.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police officer's protocol of statement B (alias) to the witness Eul's statement E at the scene of the 112 Reporting Case Handling Table;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice 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. The degree of indecent act committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is serious, and the victim seems to have frighted with considerable sexual humiliation.

Nevertheless, the defendant does not recognize his mistake on the ground that he is not breathizing.

However, there is no record that the defendant was punished for a crime other than a fine due to drinking driving before.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.

If a judgment of conviction on a crime committed in the judgment to be submitted becomes final and conclusive, 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 head of a related agency pursuant to

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and the degree of disadvantage and anticipated side effects of the defendant's entrance due to the above order, and the exemption of the disclosure order, notification order, and employment restriction order, shall be achieved.