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(영문) 서울중앙지방법원 2019.05.14 2019고정699
강제추행
Text

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

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

Reasons

Criminal facts

At around 21:40 on January 23, 2019, the Defendant: (a) placed in the “C” bank located in Dongjak-gu Seoul Metropolitan Government “C”, and (b) placed after the victim’s back, the Defendant committed an indecent act on the part of the victim by coercioning the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to police statements made to D;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

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

5. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: the background, degree and frequency of the indecent act in this case; the defendant was not prepared from the victim; the defendant was an initial offender who has no record of criminal punishment; the defendant’s age, character, conduct, environment, etc. shall be equally considered in determining the punishment as ordered.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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 competent agency

The age, occupation, criminal record, and risk of recidivism of the defendant exempted from the disclosure order, notification order, and employment restriction order, the type and motive of the crime in this case, the process of the crime, the disclosure and notification order, and the employment restriction order, the degree and expected side effects of the defendant's disadvantage, the prevention of sex crimes subject to registration, the effect of the victim protection, and the prevention of recidivism.

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