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(영문) 서울중앙지방법원 2019.10.18 2019고정1751

강제추행

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 2019. 5. 4. 19:40경 서울 강남구 B에 있는 ‘C’ 식당에서 테이블 청소를 하고 있던 위 식당 종업원인 피해자 D(여, 세, 가명)의 옆을 지나가면서 갑자기 손으로 위 피해자의 엉덩이를 툭 치고 가는 방법으로 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

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

1. If a conviction on the crime committed in the judgment of the court below which stated that the provisional payment order should be registered and submitted under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 obliged to submit personal information

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive of the crime in this case, method of the crime, seriousness of the crime, disclosure notification and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved thereby, the protection effect of the victim, etc. of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 47(1) and 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 Article 59-3(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and special circumstances where the Defendant shall not disclose or notify personal information or restrict the employment thereof. Thus, the Defendant shall not be issued a notice of personal information