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(영문) 서울북부지방법원 2020.08.14 2020고정409

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 20, 2019, from around 05:40 to 06:09, the Defendant: “C” located on the 1st underground floor in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “C”); the victim D (num, 19 years of age) and drinking alcohol; the victim was seated on the victim’s side; and the victim was able to sit on the victim’s side; the victim was able to buck off the electronic tobacco to the floor; and the victim was able to dump the victim’s buck, buckbuck, and knife the victim’s shoulder, buck, and buck.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the police on the statement of E and D (the CCTV contents in a criminal place) (applicable to statutes;

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

1. The first reason for sentencing under Article 334(1) of the Criminal Procedure Act is to have been observed by the Defendant, who was sexually victimized by the indecent act, and the Defendant was not able to have been imprisoned by the victim.

However, considering that the defendant's mistake is recognized, the primary offender who has no record of criminal punishment, etc., the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., as well as various other circumstances that form the conditions for sentencing as shown in the arguments and records, shall be determined as ordered.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, 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 the competent agency

An order of disclosure and notification shall be exempted.