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(영문) 서울중앙지방법원 2015.01.30 2014고단4092

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

The defendant is a merchant who sells clothing in C commercial buildings.

On April 30, 2014, at around 21:30 minutes, the Defendant concluded a dispute on the grounds that the Defendant sold the same clothing at the Defendant’s store in front of the victim’s shop at around 151, which was operated by Jung-gu Seoul Central District Court D (Inn, 31 years of age) with the first floor victim D.

The Defendant committed an indecent act by force against the victim, such as: (a) by pushing the victim with the Defendant’s ship and chest, pushed the victim’s chest, her chest, etc.; (b) by driving the victim’s body on the part of the victim so as to contact the Defendant’s coaches; and (c) by driving the victim’s body on the part of the victim; and (d) by causing fire on the part of the victim.

Summary of Evidence

1. Application of respective legal statements of D, E, and F to the Acts and subordinate statutes;

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: The Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order; the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom; the effect of the protection of the victim; etc. in light of comprehensive consideration of the following: (a) the Defendant’s age, occupation, risk of repeating a crime; (b) the motive, method and seriousness of the crime in this case; (c) the disclosure order or notification order; (d) the disclosure order or notification order; and (e) the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning