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(영문) 서울동부지방법원 2020.06.11 2020고단219

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 26 years of age) are not known to each other.

On August 19, 2019, the Defendant, at around 00:50 on August 19, 2019, drunkd in Songpa-gu Seoul, “D,” and “D,” the Defendant left the front of the victim who wraped tobacco together with “E,” and “I am well fright,” and “I am well fright,” and considered the victim’s right shoulder.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning B;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (to make statements with a victim on an excursion ship, telephone damage situations);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The range of punishment by a fine not exceeding 15 million won;

2. Determination of sentence [Incompetence] The victim seems to have suffered a considerable sexual humiliation and mental suffering due to the instant crime;

The victim was not able to receive any conviction from the victim.

[Free circumstances] There is no history of criminal punishment.

Recognizing the crime of this case, one reflects his wrong behavior.

In addition, comprehensively taking into account the degree of indecent conduct, the age, character and conduct, environment, family relationship, circumstances after the crime, etc. of the defendant, all the sentencing conditions shown in the arguments in this case shall be determined as ordered.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, 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 such person is the competent authority in accordance with Article 43