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(영문) 서울남부지방법원 2020.10.23 2019고단3830
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 1, 2019, the Defendant, at around 10:35, committed an indecent act on the victim C(34 years of age) as soon as possible once, with the sexual organ of the victim C(34 years of age), who was in the 8th floor Enice center in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (It is deemed that there are special circumstances in which it is impossible to impose order to complete a program because it is difficult to expect the effect of preventing recidivism by order due to the lack of communication with Chinese nationals

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 2 and the proviso to Article 59-3(1) of the Addenda to the Welfare of Disabled Persons Act (Amended by Act No. 15904, Dec. 11, 2018); the defendant’s employment risk and effect of the instant employment order;

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