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(영문) 서울남부지방법원 2018.07.04 2018고단142
강제추행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[criminal records] On November 24, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court for two years, a fine of five million won, and two years. The above judgment became final and conclusive on December 20, 2017.

1. Around September 11, 2017, the Defendant assaulted the victim D (35 years of age) with her hand at the Seoul Southern Detention House C room located in Geum-ro, Guro-gu, Seoul, Guro-do, 865, and without any particular reason, at around 14:0 on September 11, 2017.

2. The Defendant, on September 14, 2017, committed an indecent act by force, at the places indicated in paragraph 1, around 14:00, committed an indecent act by forcing the victim to commit an indecent act by forcing him/her to commit an indecent act, exceeding his/her sexual organ, and by inducing him/her to put his/her sexual organ on his/her own sexual organ, and by forcing him/her to commit an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Each police statement made to E and F;

1. Previous conviction: Application of the defendant's legal statement, inquiry of criminal history, investigation report (for a suspect, pending trial in the court of final appeal), one copy of the judgment, and one copy of the search results of the Supreme Court B/D case;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of fines) and Article 298 of the Criminal Act concerning the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

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 punishment as ordered shall be determined by taking into account all of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, circumstances leading to the crime, relationship with the defendant and the victim, the criminal records of the defendant, and other conditions of sentencing under Article 51 of the Criminal Act, such as the age, sex, and environment of the defendant;

Criminal facts of forced indecent acts in the judgment that is a sex offense subject to registration and obligation to register.

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