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(영문) 서울남부지방법원 2019.05.17 2019고단119

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is a national of the People's Republic of China, who entered the Republic of China on October 18, 2018 as a visa for general tourism (C-3-9).

On December 22, 2018, at around 02:25, the Defendant: (a) 02:25, from the Geumcheon-gu Seoul Metropolitan Government 1’s underground floor “C Singing room”, the Defendant went to the outside of the singing building with the victim D (the age of 25) who first sees the chair on the day; and (b) came to the outside of the singing building by going to singing off the singing room; (c) the Defendant sing off the victim after the victim’s own sing the victim from the back of the singing room; and (d) the victim sing off into the singing and singing room; and (e) the victim sing back the victim with both arms, followed the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Program (Considerations, such as the fact that communications in Korean are not smooth);

1. Where a conviction becomes final and conclusive against a defendant who shall file for the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to

Personal information disclosure and notification order, the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, disclosure order, notification order, the degree and anticipated side effects of the disadvantage to be borne by the defendant due to the employment restriction order, prevention and effect of sexual crimes subject to registration which can be achieved due to such order, and protection of the victim.