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(영문) 서울동부지방법원 2018.12.20 2018고단3515
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 October 5, 2018, at around 04:17, the Defendant, in a “C” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant, who is an employee of the Victim D (V, 40 years of age) who is an employee of the Defendant’s junishing that the Defendant would take a bath to other table customers.

The victim tried to attract the victim while taking a bath, and the victim got out of the buckbucks, which led the victim to using only one buck.

Accordingly, the defendant forcedly committed an indecent act against the victim.

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 to investigation reports (CCTV image analysis);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. The punishment as ordered shall be determined by comprehensively taking account of the following circumstances and other conditions of sentencing specified in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and the records:

Where a conviction becomes final and conclusive with respect to a crime of indecent act committed by a defendant during the period of suspension of execution against the defendant who committed the crime of this case, the defendant committed the crime of this case with the same history of the defendant, and the victim has not been punished against the defendant, and the registration and submission of personal information against the defendant, which is a sex offense subject to registration, 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 thus, the defendant is obligated to submit personal information to the head of the competent police office

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Child Sex Offenses (the Defendant’s age, family relationship, background and process of the instant crime, and the disclosure order and notification order of the instant case).

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