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(영문) 서울동부지방법원 2019.09.20 2019고단1883

강제추행

Text

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

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

Reasons

Punishment of the crime

On May 5, 2019, at around 22:50, the Defendant committed an indecent act by force against the victim, such as finding out the victim C (one, half, and 33 years of age) coming up in front of the business building of Songpa-gu Seoul Metropolitan Government, and drawing up the shoulder of the victim with his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Each statement of D, E, and F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

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

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the age, occupation, risk of repeating a crime; the motive, method, result, and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's suffering from an order to disclose or notify the information; the preventive effect of sexual crimes to be registered; the effect of protecting the victims; the personal information shall not be disclosed; the defendant is judged to be guilty of personal information on a person subject to registration under Article 4 of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse; and Article 59-3(1) proviso to Article 50(1) of the Act on Welfare of Persons with Disabilities.