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(영문) 서울남부지방법원 2014.02.14 2013고단4434

강제추행

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 shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a temporary factory in the name of "B", and the victim C (n, 45 years old) was an employee in the above factory.

피고인은 2013. 10. 17. 23:00경 서울 강서구 D건물 지층에 있는 위 B 공장 안에서, 피고인으로부터 미지급 급여를 받기 위해 그 곳을 찾아 온 피해자에게 술과 떡볶이를 주면서 월급 지급이 늦어진 이유를 이야기 하던 중, 갑자기 피해자의 앞으로 다가가 양 손을 벌려 피해자의 몸을 끌어안고, 피고인의 얼굴을 피해자의 얼굴에 들이대며 입맞춤을 하려고 하는 등 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the degree of indecent act committed by the instant crime, the Defendant has no record of being punished for the same kind of crime, and the confession of the instant crime, and the details, means, methods, results, etc. of the instant crime shall be determined as ordered by taking into account

Where this judgment becomes final and conclusive, the accused 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information should be carefully and carefully affected by the defendant, and in this case, personal information shall not be disclosed, such as where the registration of personal information alone seems to have an effect to prevent recidivism of the defendant.