beta
(영문) 서울동부지방법원 2013.12.20 2013고단1840

강제추행

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

On July 15, 2013, at around 21:45, the Defendant committed an indecent act against the said victim by force, on the following grounds: (a) around 21:45, the Defendant was aware that the victim B (n), who moves to the port from the Woo-dong 312-95, Gangdong-gu, Seoul, 312-95 Woo-dong, left to the port.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to a report on investigation (the CCTV investigation into a large-scale radius);

1. Relevant Article of the Criminal Act, Article 298 of the Criminal Act, the choice of punishment, and the choice of a fine (see, e.g., Supreme Court Decision 200Do1148, Apr. 1, 201);

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

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

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

1. Where a judgment becomes final and conclusive to submit personal information which is exempted from disclosure of personal information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (not disclosing personal information in consideration of the primary fact, occupation, environment, etc.), the accused 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 is obligated to submit