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(영문) 서울서부지방법원 2019.09.04 2019고단2012

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 22, 2019, at around 05:30 on April 2, 2019, the Defendant, at the “C” club located under Mapo-gu Seoul Mapo-gu Seoul Mapo-gu, set the victim D(n, 24 years old) behind the victim D(n, 24 years old), kidd the victim D’s hume and shoulder, and kid the victim E (n, 24 years old), who is the driver of the victim D, by hand, committed an indecent act against the victim E’s will to hume the victim E’s hume and shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement (victim D, witness F);

1. Investigation report (on-site CCTV-related investigation);

1. Application of the Acts and subordinate statutes to photograph the C CCTV course;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment determined in the crime of indecent act by force against victims E with heavy circumstances);

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (Conversion amount: 100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (no part or degree of indecent act may be deemed to be serious. The Defendant is against himself/herself upon recognition of his/her criminal act. There is no criminal history against the Defendant.)

1. Public disclosure order, Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Notification Order, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse ( comprehensively taking into account the age, occupation, risk of recidivism, the details and circumstances of the crime, the method and seriousness of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the crime, the record of the crime, disclosure order and notification order, the preventive effect and effect of the sexual crime subject

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), on which an employment restriction order is not imposed.