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(영문) 서울동부지방법원 2018.08.03 2018고단1631

강제추행

Text

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

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

Reasons

Punishment of the crime

From October 26, 2017 to October 15:00 to 16:00, the Defendant, in a “D” restaurant located in Gangdong-gu Seoul Metropolitan Government, had an employee E (n, 60 years of age) attend and drink the victim E (n, f0 years of age) and had the victim wear the victim’s breath, while drinking, and had the victim’s breath with the victim’s breath, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the accused (including statements twice and E);

1. Statement made by the police for E;

1. The investigation report (No. 4 times a year);

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, the preventive effect and effect of the instant crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)

Article 56 (1) proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from employment restriction order

I think)

Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered, the accused shall be a sexual crime.