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(영문) 서울중앙지방법원 2019.09.05 2019고단4283
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 29, 2018, at around 01:30 on December 29, 2018, the Defendant: (a) sought contact information from the “C” located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) sought contact information from the victim D (nives, 30 years of age); (c) made an indecent act by forcing the victim, such as holding the victim’s own inception and continuing to be faced with the victim’s own inception; and (d) holding the victim’s inception

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on CCTV-cap photographs and CCTV images CDs;

1. Article 298 of the Criminal Act applicable to the crimes;

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. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant committed an indecent act against the victim first at a club by taking dancing in a way that is consistent with the nature of the offense, and the degree of indecent act is not easy.

However, it is decided as ordered by taking account of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, the circumstance after the crime, etc., where the defendant was not punished, the defendant denies the crime at the investigation stage, but all the time of the crime and against the defendant when the crime was committed in this court, and the victim did not want the punishment by agreement with the victim.

Where a conviction becomes final and conclusive with respect to a crime of indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent

The defendant is not subject to criminal punishment, and his/her age, social relationship, details and method of the crime, as well as the fact that he/she is exempted from the disclosure of personal information and an employment restriction order.

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