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(영문) 서울북부지방법원 2020.01.16 2019고정1316
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

1. On May 26, 2019, the Defendant, at around 23:06, 23:06, brought about the victim’s her mared from the front line of the B apartment Cdong in Seoul Special Metropolitan City, Nowon-gu, Seoul, to the lower end of the victim D (V, 24 years old) who was walking the route.

2. On May 26, 2019, around 23:55, the Defendant: (a) brought the victim’s left chest in front of the B apartment E-dong, Nowon-gu, Seoul; (b) brought the victim’s body back to the back of the victim F (the 36-year age), who was located there, in both hands; and (c) brought the victim’s body back to the back of the f (the 36-year age).

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D or F;

1. Written statement of D or F written statement;

1. Application of Acts and subordinate statutes on each report on the occurrence of a crime;

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

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to 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 pursuant to Article 43(1) of

In full view of the Defendant’s age exemption from personal information disclosure and notification order, risk of recidivism, motive for committing the instant crime, content and consequence of the instant crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention of sex crimes that may be achieved therefrom, and effects of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Act on the Protection of Children and Juveniles against Sexual Abuse.

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