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(영문) 서울북부지방법원 2019.10.17 2019고단3725

강제추행

Text

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

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

Reasons

Punishment of the crime

around 06:55 on August 3, 2019, at the “C” convenience store located in Nowon-gu in Seoul Special Metropolitan City, the Defendant passed away from the victim D (a name, a woman, 21 years old) who was flicking a lottery at the lottery selling stand, while the Defendant was her own hand and became her son.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a criminal investigation report (explosion of CCTV image data at a convenience store), CCTV image-cape photograph;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of

In full view of the Defendant’s age, occupation, criminal records, risk of recidivism, type, motive, process, seriousness of the crime in this case, an order of disclosure or notification, the degree and effect of disadvantage to the Defendant’s entry due to an order of employment restriction, the prevention and effect of sexual crime subject to registration that may be achieved therefrom, the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities shall not be issued to the Defendant pursuant to an order of disclosure or notification, or an order of employment restriction.

The reason for sentencing.