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(영문) 서울서부지방법원 2019.01.30 2018고단3853
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the operator of a 'C' restaurant in Mapo-gu Seoul Metropolitan Government, and the victim D(n, 49 years old) is the employee of the above cafeteria.

Around 20:50 on August 13, 2018, the Defendant committed an indecent act by coercioning the victim’s her knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the provisional payment order has become effective in this court, and the confession and agreement with the victim is reached, there is no same record as the victim, and the punishment is determined as ordered in consideration of the age, character and conduct, environment, etc. of the defendant.

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 relevant agencies

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection of the victims thereof, etc., the personal information shall not be disclosed and announced pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.

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