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(영문) 서울중앙지방법원 2018.12.07 2018고정2439

준강제추행

Text

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

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

Reasons

Punishment of the crime

On August 12, 2018, at around 08:35, the Defendant committed an indecent act against the victim by using the victim’s state of resistance impossibility by using the victim’s scambling scam in the second floor of the building located in Jongno-gu Seoul Metropolitan Government “C Syna” male resting room of the victim D (25 tax) with a brush diesel, and by using the victim’s sexual flag with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on male rain or CCTV CDs;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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 attend a lecture;

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, crime record, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., as well as the following: Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection, etc. of Children against Sexual Abuse;

Since it is determined, an order of disclosure or notification, or an employment restriction order shall not be issued to the defendant.

Where a conviction becomes final and conclusive against a defendant who is obligated to register personal information and submit such information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to registration.