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(영문) 서울동부지방법원 2016.04.14 2015고단4009

강제추행

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

around 22:40 on October 17, 2015, the Defendant, at the “F” restaurant operated by Gangdong-gu Seoul Metropolitan Government Victim E (F, 58 years old), said that the Defendant she was seated on the same table as the customers, and that she said that she would have she would have her to enter the victim’s left part of the victim’s, and she would have her provokinged both sides of the victim’s hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. E statements;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Relevant legal provisions and Articles 298 and 298 of the Criminal Act regarding the crime, the choice of a fine (where an investigative agency denies the crime, but the court recognized the defendant's error in the violation of law and agreed with the victim, and where the defendant has no record of crime other than a fine for violation of traffic law, consideration

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Therefore, it is determined.