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(영문) 서울중앙지방법원 2018.11.16 2018고단5916
강제추행
Text

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

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

Reasons

Punishment of the crime

On June 15, 2018, the Defendant: (a) around 13:16, 2018, to the victim D (the 27-year-old age) before the first elevator of Gwanak-gu Seoul Special Metropolitan City apartment complex C, Seoul Special Metropolitan City.

B. The term "at the time when the victim becomes dead" means "at the time when the victim becomes dead and the other hand of the victim, the chest of the victim, and the victim continues in the elevator."

Despite being rejected, “A indecent act was committed by force against the victim, such as deceiving the chest of the victim again.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing CCTV image of elevators;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, crime record, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., as well as the following: Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection, etc. of Children against Sexual Abuse;

Since it is determined, an order of disclosure or notification, or an employment restriction order shall not be issued to the defendant.

A defendant shall be convicted of a sex offense on the judgment that is subject to registration and submission of personal information.

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