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(영문) 서울중앙지방법원 2018.04.27 2016고단8633
강제추행등
Text

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

Punishment of the crime

1. On October 1, 2016, at around 14:00, the Defendant committed an indecent act by force against the victim D (n, 23 years of age) who was on board C elevator located in Gangseo-gu Seoul Metropolitan Government, with the victim D (n, 23 years of age) who was on his/her own left hand, committed an indecent act by force against the victim by taking the victim’s lower part of the victim’s neck and head cut.

2. In light of the same day, the injured Defendant went home from the above elevator at around 14:10 on the same day, and went home from the chest part of the victim E (the age of 64) who was cleaning the floor around the culture hall located in the first floor, and got the victim over the victim, thereby causing the victim to go beyond the victim. In addition, the injured Defendant got the victim to go home from the above elevator at around 2 weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 298 and 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning facts constituting an offense and selection of each fine;

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

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant was punished once by a fine on the grounds of property damage on 2014; (b) there is no particular criminal history; (c) the degree of injury is not serious; and (d) the Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime; and (c) the punishment is determined as ordered by taking into account all factors of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime.

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information 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 is obligated to submit personal information to the relevant agency pursuant to Article 43

It is judged that it is not a crime of coercion and a sex offense subject to registration.

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