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(영문) 서울동부지방법원 2016.10.07 2016고단2395

강제추행

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 15:00 on July 10, 2016, the Defendant: (a) told the victim D (a) who reported dividend boards at the second floor of the Seoul Gangdong-gu Seoul Metropolitan Government B building C to the effect that “I would like to go home and drink in Gangwon-do casino at night, I would like to go home and drink at night”; and (b) forced the victim to commit indecent act by going against the victim’s chest.

2. The Defendant, at around 16:10 on July 16, 2016, 16, 2016, told the victim listed in the preceding paragraph at C points, that “at all times is bad,” and instead, the Defendant forced the victim to commit an indecent act by forcing the victim to commit an indecent act by forcing him/her, even though the victim expressed his/her intent to refuse it again by hand, etc., while drinking with the victim by dividing the drinking water into the victim and drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes on CCTV video CDs to a criminal investigation report (to attach CCTV images);

1. Relevant provisions of the Criminal Act and Articles 298 and 298 of the Criminal Act concerning criminal facts, the choice of a fine (including the fact that the defendant has committed a crime since he/she reached this court, led to his/her confessions and repents, that the degree of indecent conduct is relatively minor, that the victim directly appears in this court and expresses his/her intention not to want the punishment of the defendant, and that the defendant

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 competent agency pursuant to Article 43 of the same Act.

An order of disclosure or notification shall be waived.