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(영문) 서울중앙지방법원 2013.05.08 2013고단1230

준강제추행

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 09:20 on February 17, 2013, the Defendant, at the Seocho-gu Seoul Metropolitan Government main point, 09:20, she committed an indecent act against the victim in a state of escape, such as being able to resisting the victim’s chest by combining with the daily behaviors of the victim D (n, 21 years of age) who was on other tables and drinking alcoholic beverages on the side while drinking alcoholic beverages, she was placed on the lower side under the table under the influence of drinking, and she was able to hold the left hand under the table that other people are unable to see, and then she was able to sleep the victim’s breast part under the table that the victim was able to sleep. While she caused the victim’s body, the Defendant committed an indecent act against the victim in a state of escape, such as bringing the victim’s left hand on the breast side of the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Four copies of the screen by capturing a video;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment of conviction of a defendant against a sex crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant to Article 33

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, and the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued to the Defendant in accordance with the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.