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(영문) 서울중앙지방법원 2019.02.13 2018고단8064
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

The defendant is a person subject to the Korea-U.S. Administrative Agreement (SOFA) as a U.S. national soldier, and is not aware of the victim B (the age of 35).

피고인은 2018. 8. 12. 03:20경 서울 강남구 C에 있는 'D' 클럽 내 힙합라운지 입구에서 위 피해자가 옆을 지나갈 때 손으로 피해자의 오른쪽 엉덩이를 1회 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (the securing and analysis of CCTV images) (D).

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is deemed unable to expect an effect of preventing recidivism by order to a foreigner because communication with the Korean language is not smooth, and there are special circumstances in which order to complete program cannot

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the following: (a) the Defendant’s age, environment, and social ties in addition to the grounds for exemption from the order to complete the program, the effect of the sexual crime prevention, etc., which may be achieved by the order to disclose or notify information may be relatively less than the disadvantages and expected side effects of the Defendant’s suffering due to the order to disclose

1. Social benefits expected by an employment restriction order under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and sexual crimes;

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