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(영문) 서울북부지방법원 2020.06.12 2019고정1888

강제추행

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 17, 2019, around 09:05, the Defendant, at the seat No. 75 p. PC located in Dobong-gu Seoul Metropolitan Government on August 17, 2019, the victim C (a family name, 23 years of age) who was an employee, left his and her seat with coffee and seat ordered by the Defendant, called “Ih, Gomam” to the victim, and the victim’s her ambl.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (on-site CCTV image verification);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, which seems to have been caused by an indecent act while working in the PC for the sentencing of the order of provisional payment, seems to have been sexual humiliation or displeasure of the victim.

On the other hand, the defendant reflects his mistake, and the victim does not want the punishment for the defendant by paying the amount of agreement to the victim.

There is no record of punishment exceeding the same crime or fine.

In full view of such circumstances and other circumstances as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records, the punishment as ordered shall be determined.

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

The defendant enters the military court due to the age of the defendant exempted from the disclosure order and notification order, social relation, risk of recidivism, disclosure of registered information on the defendant, or notification order.