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(영문) 서울서부지방법원 2020.04.08 2020고정188
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 3, 2019, around 05:30 on August 3, 2019, the Defendant, a group of “C” located in Mapo-gu Seoul Metropolitan Government, was engaged in an indecent act by force by holding a fluor and seated fluor on the strings of the victim D, where he fluor and fluored in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each police report prepared D or E;

1. Application of Acts and subordinate statutes to investigation reports (the verification of CCTV images of a "C" club at the site of the case);

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (Conversion amount: 100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence ( difficult to see that the part or degree of an indecent act is very serious. The Defendant is against his/her criminal act, recognizing his/her criminal act. There is no power to punish the Defendant, and the Defendant received a letter of suspicion by paying five million won to the victim on March 26, 2020).

1. Public disclosure order, Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Notification Order, 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 ( comprehensively taking into account the age, occupation, risk of recidivism, the details and circumstances of the crime, the method and seriousness of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the crime, the record of the crime, disclosure order and notification order, the preventive effect and effect of the sexual crime subject

1. According to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Act on Welfare of Persons with Disabilities, an employment restriction order under each of the above laws is punished by sexual crimes.

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