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(영문) 서울동부지방법원 2019.07.12 2019고단1439
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is a merchant in the C market such as the victim B(n, 24 years of age) and is known to and in the market.

On April 18, 2019, at around 06:10, the Defendant committed an indecent act by force against the victim, such as: (a) in an elevator coming from the first floor of Songpa-gu Seoul Metropolitan City, to be the victim’s 1st underground floor; (b) the victim was fright away; (c) the victim was changed to the freezing warehouse of the first floor below the ground; and (d) the victim was frighting from the elevator to the freezing warehouse; and (c) the victim was frighted by: (d) the victim’s kick in his hand after closing the warehouse and raising the victim’s kick in his hand; and (e) the victim’s k w w w w w w w w w w w w w w w w w w w w

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the investigation report (No. 6) Act 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. 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, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, risk of repeating a crime, motive for and method of committing the crime in this case, consequence and severity of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved thereby, and the effect of protecting victims, there are special circumstances that may not disclose and notify personal information.)

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