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(영문) 서울동부지방법원 2014.10.24 2014고단1834
강제추행등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

1. 강제추행 피고인은 2014. 5. 8. 19:30경 서울 광진구 B 1층에 있는 피고인이 운영하는 C 업소에서 피해자 D(여, 24세)에게 쑥뜸을 하던 중 그녀의 허벅지를 만지고 팬티 속으로 손을 넣어서 더듬었다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant violated the Medical Service Act, without obtaining the recognition of a massage’s qualification at the above date, time, and place, and for profit, took care of the victim and the victim’s male-friendly bucks, bucks, bridges, etc. as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. 사업자등록증, 쑥뜸업소 현장사진, 티켓사진 법령의 적용

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act, Articles 88 and 82 (1) of the Medical Service Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is most time and reflects the facts of the instant crime, the victim does not want the punishment of the Defendant, the victim has no record of criminal punishment, support for his family, etc. It is clear that social ties are clearly related, such as the method and result of the instant crime, circumstances after the commission of the crime, the age, character and conduct of the Defendant, family environment, etc. In addition, the punishment is determined as ordered by taking full account of all the factors of sentencing

When a conviction on a crime of indecent act by compulsion on the judgment on a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant shall become a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information to the relevant agency

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