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(영문) 서울서부지방법원 2020.10.21 2020고단2048

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 3, 2020, at around 05:46, the Defendant accessed the victim D (Inn, 25 years of age) at the Yongsan-gu Seoul, Yongsan-gu, Seoul, and “C” club, thereby saving the victim’s hysium with the victim’s own losses. Although the victim expressed his intention of refusal, the Defendant committed an indecent act by coercioning the victim’s hysium with his own losses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D concerning the investigation of the suspect against the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site closed-circuit TV image analysis);

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

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. 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 Disabled Persons Act;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime 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 the defendant is obligated to submit personal information to a related agency under

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not issue an disclosure order or notification order to the accused pursuant to the following, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, disclosure order or notification order of the instant crime, the degree of disadvantage the Defendant suffers from, and the effect of preventing sex crimes subject to registration that may be achieved therefrom, and protecting the victims.

The reason for sentencing is the primary offender.

At the time of the case.