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(영문) 서울동부지방법원 2020.11.12 2020고단2393

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a relationship between the victim B (a family name, a female, 22 years of age) and the victim B.

On April 23, 2020, the Defendant found the victim coming from the direction of D Station in front of the Songpa-gu Seoul Building on April 23, 2020, and opened a part outside the left hand floor to the extent that the victim’s left side bucks and fucks together.

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

Summary of Evidence

1. Defendant's legal statement;

1. CCTV data (e.g., the location of occurrence, access roads, and escape paths) on the police statement B (tentative name);

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the punishment;

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. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under 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 relevant agency as prescribed in Article 43

In full view of the information disclosure order, notification order, the defendant's age, occupation, risk of recidivism, the type of the crime in this case, the process of the crime, disclosure order, notification order, the degree of disadvantage to the defendant's entry and the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc., the disclosure order, notification order, notification order, and employment restriction order shall not be issued against the defendant pursuant 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) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1), the proviso to Article 56 (1), the proviso to

The reason for sentencing.