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(영문) 서울서부지방법원 2018.06.05 2017고정1215
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

Defendant

A is a company member, and the victim is a university student at all.

1. On April 29, 2017, around 01:28, the Defendant committed an indecent act on the victim’s left her part, who had dancing around the table in the “E main store” No. 1 (hereinafter “instant main store”) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant main store”) and committed an indecent act on the victim’s part.

2. On April 29, 2017, around 02:15, the Defendant: (a) concealed the victim’s luxur who resisted to forced indecent act outside the entrance of the instant main shop; and (b) committed an indecent act against the victim by force.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Each legal statement of witness,F and G;

1. Investigation report (CCTV investigation);

1. Application of CCTV closure screen and CD-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. In light of the fact that there exists an interval of 45 minutes between the first indecent act first and the second indecent act in which concurrent crimes are aggravated, the place of the prosecution differs from each other; the first indecent act takes the victim who is dancing, but the second indecent act takes place after the occurrence of all such circumstances and takes place under new circumstances, it is reasonable to view the victim as a concurrent crime, not a single and continuous crime, even though the victim is the same, and it is not a single and continuous crime.

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

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. If a judgment of conviction on the crime of indecent act committed in the judgment that is subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

disclosure order; or

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