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(영문) 서울동부지방법원 2018.10.19 2018고단2569

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant has come to know one time prior to the victim C (n, 53 years of age).

At around 01:00 on April 30, 2018, the Defendant committed an indecent act by inserting his hand in the victim's panty in Songpa-gu Seoul, 'Esing room'.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, the preventive effect and effect of the instant crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)

Article 56 (1) proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from employment restriction order

I think)

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43

The reason for sentencing.