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(영문) 서울남부지방법원 2017.11.24 2017고단4066
강제추행
Text

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

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

Reasons

Criminal facts

At around 03:00 on May 16, 2017, the Defendant committed an indecent act by force against the victim E (the 36-year old) who was able to sit in the room room in Gangseo-gu Seoul Metropolitan Government, with an employee's instruction, with the victim E (the 36-year old-age-old). The Defendant committed an indecent act against the victim by force, such as: (a) the victim's own entrance and kis; (b) the victim's chest was kis; and (c) the victim's bucks were buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria are not applied because they were selected to impose a fine) of the Criminal Procedure Act (the sentencing criteria are not applied). The crime of this case appears to have been caused by the victim by considerable sense of sexual shame, and even if the Defendant did not receive a letter from the injured party and did not take measures to recover from damage, the Defendant’s liability is not weak.

However, there is no particular criminal punishment in addition to being sentenced once a fine for this type of crime and once a disposition of suspension of indictment is imposed, and the defendant has no other criminal punishment, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions indicated in the records and theories of the case, such as the records and changes of the punishment, shall be determined as ordered by taking into account.

A judgment of conviction shall be finalized on the facts constituting a sex offense subject to the registration and submission of personal information.

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