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(영문) 서울동부지방법원 2018.10.18 2018고단2202

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

On April 22, 2018, the Defendant, at around 02:20 on April 22, 2018, turned down the left chest of the victim D (name, leisure, age 27) who was going to the lower end after using toilets from the toilets in front of the first floor toilet in Gwangjin-gu Seoul Special Metropolitan City.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Selection of a selective fine for punishment (such as the fact that an injured person is not subject to the punishment of a defendant due to an agreement with the injured person, the fact that the injured person has no record of exceeding the same kind of power and fine, and the fact that he is

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

1. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant is 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 thus the defendant is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Since it is recognized, Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is exempted from an employment restriction order.