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(영문) 서울북부지방법원 2015.04.23 2015고단276

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

On August 21, 2014, around 21:02, the Defendant discovered that the victim C (n'e, 18 years of age) came from the entrance of the first floor of the building B in Gangnam-gu Seoul Metropolitan Government, followed a part of the victim's body, faced with the victim's own hand, and committed an indecent act by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime committed in the same place of suspended execution of the defendant, and the crime committed in the case in both of the crime

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the same as in the case of an order of disclosure), in particular, taking into account the positive factors among the major factors under the reasons for sentencing, where a judgment of conviction is finalized on the facts constituting a sex crime subject to registration and submission of personal information during the same period of probation, in which the defendant is subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 (the same as in the case of an order of disclosure) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a crime during the same period of probation, and the victim is selected and sentenced to a fine and under agreement with the victim who is not subject to punishment ( even if the defendant was not in a mental or physical state at the