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(영문) 서울동부지방법원 2019.01.11 2018고단3407

강제추행

Text

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

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

Reasons

Punishment of the crime

피고인은 2018. 10. 9. 18:53경 서울 광진구 B에 있는 `C` 식당에서 그곳 손님인 피해자 D(여, 39세)가 자신이 앉아 있는 테이블 옆을 지나가자 왼손으로 피해자 엉덩이를 1회 툭 치듯이 만졌다.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each investigation report (No. 2,6).

1. Application of CD-related Acts and subordinate statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 47(1) and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime; the motive, method, result and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's entry due to an order to disclose or notify the information; the preventive effect of the sexual crime subject to registration which can be achieved thereby; the effect of protecting victims; etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) proviso to Article 56(1) of the Act on Special Cases concerning the Protection of Sexual Crimes against Sexual Crimes (the defendant shall not be restricted in considering the defendant's age, family environment and social relationship, history and motive of the crime; the method and consequence of the crime;