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(영문) 서울남부지방법원 2019.05.15 2019고단64
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 27, 2018, at around 08:55, the Defendant committed an indecent act by force against the victim D (Inn, 23 years of age, 23), who is going to the 5 lines from subway C Station 2 to the 5 lines in Gangseo-gu Seoul Metropolitan Government, on August 27, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of D police (the victim was going up at the speed of people prior to the stairs and did not boom, and the stairs did not boom to the degree of booming. However, the defendant made a concrete statement on the damage situations that "I am at the right boom with the Gap's own hand floor and caused a sense of sexual humiliation due to this," and considering the nature and method of indecent act, form of physical contact, surrounding circumstances at the time, it is difficult to see that the defendant's physical contact with the victim's body was inevitably made in the process of displaying booming booming down with the victim's booming, etc.). The application of statutes is difficult.

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of

The defendant's age to be exempted from the disclosure and notification order and the employment restriction order, the type of the crime, the process of the crime, the social interest expected by the disclosure and notification order, the social interest expected by the employment restriction order, and the preventive effect of the sexual crime, and the disadvantage and anticipated side effects of the defendant.

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