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(영문) 서울동부지방법원 2018.07.20 2018고단1511
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 April 10, 2018, around 23:30 around 23:30, the Defendant, within the passenger room of subway No. 5 that passed the Gun located in 550 as the Seoul Gwangjin-gu Seoul Special Metropolitan City, proposed that female students who sit on the side of the victim B (a name, leisure, 37 years old), left the Defendant, left the Defendant, leaving the victim's shoulder at the left place, and became as if the victim's right chest turn on one time with the left hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to each investigation report (No. 5,7) at a net time;

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

1. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, consequence and crime, seriousness of the relevant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, prevention and effectiveness of sexual crimes subject to registration that may be achieved therefrom, effect of protecting the victims, etc.)

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, 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 agency pursuant to Article 43

The reason for sentencing is that the defendant reflects his mistake, that the victim does not want to punish the defendant, and that the defendant is drunk.

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