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(영문) 서울서부지방법원 2018.10.05 2018고단2881

강제추행

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 11, 2018, the defendant found the victim E in front of Yongsan-gu Seoul Metropolitan Government around 02:06, and took the direction behind the victim, and committed an indecent act by force against the victim by making the victim's ambl with his own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a selective fine (such as a relatively minor case's degree of conduct and a situation in which a Russian studying in China enters the Republic of Korea as a holiday time, and thus he/she wishes to depart from the Republic of Korea as he/she wishes to depart promptly);

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

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is an alien of Russian nationality, and is difficult to expect the effect of preventing recidivism through order to complete program because communication with Korean language is not smooth, and there are special circumstances in which order to complete program cannot

In determining whether the Defendant’s nationality, the details and motive of the crime, the method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the preventive effect of the sexual crime subject to registration, the effect of protecting the victims, etc., there are special circumstances in which the Defendant may not disclose personal information or place employment restrictions.

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

When a conviction on the facts constituting a sex offense subject to registration and submission of personal information is confirmed, the accused shall be punished by a sexual crime.