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(영문) 서울서부지방법원 2018.08.17 2018고단1534

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 18, 2017, at around 01:45, the Defendant committed an indecent act by force against the victim D (V, 24 years of age) who drinks alcoholic beverages at the “C” club located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. E statements;

1. Investigation report (Analysis of CCTV video recording in the field of the instant case) [The Defendant denied a crime, made a consistent victim’s statement, appears to be unable to properly memory his/her behavior while under the influence of alcohol at the time of the crime, and the Defendant, immediately after committing the crime, made physical contact, such as dancing in the club and being brought about with a woman who is first viewed as having been inside the club (the Defendant is believed to have given implied consent)

In addition, even if women did not report, the defendant is found to have committed a crime in light of the fact that the defendant danced in the club and met female body).

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the defendant is a foreigner with the English nationality, and the defendant is difficult to expect the effect of preventing recidivism by order to complete a program because communication with the English language is not smooth, and there are special circumstances

[Determination]

1. The proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the risk of recidivism is deemed low in light of the details and circumstances of the crime, the initial crime, the fact that personal information is registered, and orders to complete sexual assault treatment programs are expected to have the effect of preventing recidivism, and the defendant's age, environment, occupation, and occupation.