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(영문) 서울북부지방법원 2020.06.12 2019고정1738

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 and the victim B (the age of 49) are as between the two years of age and each other, while entering the same beauty art room around September 2019.

1. On January 18, 2019, the Defendant: (a) around 21:30 on January 18, 2019, 2019, in a D restaurant located in the Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government, the Defendant: (b) performed alcoholic beverages with the victim; (c) bucks with the victim’s bucks; and (d) bucks with the victim’s hackbucks; and (c) bucks with the victim’s face, the Defendant committed an indecent act by force on the part of the victim.

2. Around February 25, 2019, the Defendant committed a crime on February 25, 2019, and around February 21, 2019, at the F cafeteria located in Gangnam-gu Seoul, Gangnam-gu, Seoul, would drink with the victim, with the victim’s own hand, committed an indecent act by force against the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of the Acts and subordinate statutes on witness B and G’s respective legal statements;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

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

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 of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment appears to have been sexual humiliation or displeasure of the victim who was victimized by the indecent act by the Defendant, and the Defendant was not able to receive from the victim.

After each of the crimes in this case, the Defendant seems to have been punished twice by a fine by assault and bodily injury to the victim.

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized late, the fact that there is no record of punishment for the same kind of crime, etc., the defendant's age, character and behavior, environment, circumstances after the crime and circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records shall be determined as ordered.

judgment that the personal information shall be registered and submitted.