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(영문) 서울중앙지방법원 2015.09.04 2015고단565

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant was a person who worked as an instructor of G Institute in Jongno-gu Seoul, Jongno-gu, Seoul, and the victim D (M, 24 years old) was a person who served as a teaching assistant in the above school.

On June 11, 2014, at around 10:00, the Defendant committed an indecent act by force against the victim by making a victim, who talked with her her friend and talked with her friend at the time of leaving the lecture room, sitting out of the lecture room and talking about daily to the victim, making the victim's her fel, who was in front of the victim's own hand, and making 3-4 times the victim's her fel

피고인은 같은 날 16:00경 학원 사무실에서 컴퓨터로 인터넷 검색을 하고 있는 피해자의 뒤로 다가가 갑자기 손으로 귓불을 잡고 비벼대 피해자를 강제추행하였다.

Summary of Evidence

1. The defendant's partial statement and witness D's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 obligated to submit personal information to the competent agency pursuant

The defendant's age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc. shall be comprehensively taken into account.