beta
(영문) 서울북부지방법원 2018.12.17 2018고정1551

준강제추행등

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

1. A quasi-indecent act Defendant: (a) around June 2, 2018, around 02:30 on the street in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) parked the Defendant’s C motor vehicle; and (c) placed the victim D (the 24-year-old-old-old-year-old-old-year-old-old-year-old-year-old-old-her-old-her-her-her-her-

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental and physical loss.

2. On June 2, 2018, at around 03:30 on June 2, 2018, the Defendant forced indecent act: (a) parked the said vehicle in the Seoul Seongbuk-gu parking lot; (b) cut the snow of the victim who was under the influence of alcohol at the rear seat of the said vehicle, and kidd the victim’s chest part of the chest; (c) put the victim’s hand into the victim’s panty part; (d) put the victim’s hand into the victim’s panty part; and (e) even if the victim rejected and refused to misunderstanding the bridge, the victim’s leg was laid down on the part of the victim’s son.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Attachment of F details to be submitted by an complainant);

1. Application of investigation reports (related to CCTV images of a crime scene)-related statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 299 of the Criminal Act (the point of a quasi-indecent act), Article 298 of the Criminal Act, and the selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Where a conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the head of the competent police office pursuant to Article 43 of the same Act.