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(영문) 서울중앙지방법원 2018.06.12 2018고정848
강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 22, 2017, the Defendant: (a) meted at Hanwon-gu, Sungnam-si, Sungnam-si; (b) and (c) was an employee of the Victim D (V, 20 years of age, Ga, Ga name), who is an employee of the Defendant.

As the victim respondeded to “the scheduled male-child household”, “the victim was able to have a male-child household confirmed,” the victim was faced with his body with his own arms and breathing with his body, and breath and breathing with his arms.

Therefore, when a person who caused a disturbance was pushed a defendant and faced the defendant, the victim's humbly returned to humbly, and the victim's humbly humth, and the victim's humthy humthy humtho, and the victim's humthy humthy humthy, committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of investigation reports (excluding CDs)-related Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. If a conviction on the crime of indecent act committed in the judgment that is a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the defendant 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, Article 47 (1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are applied.

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