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(영문) 의정부지방법원 2018.02.22 2017고정1836
강제추행
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

On January 27, 2015, at around 05:00, the Defendant committed an indecent act against the victim by inducing the victim in the course of hedging with his employees, including the victim D (at the age of 20), who is working for the design company operated by the Defendant to receive the outsourcing service from the design company of Gangnam-gu Seoul, Gangnam-gu, Seoul, and by taking a meeting with his employees (at the age of 20).

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (the concurrent imposition of orders to complete a program in this case where only the defendant requests a formal trial is deemed to be an unfavorable measure when considering the whole or substantial aspect, and no order to complete a program is

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the fact that an order to disclose or notify information is exempt from disclosure or notification order, Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify registered information may have a serious impact on the defendant, and that the defendant has no history related to sex crimes, and that the registration of personal information alone would have an effect to prevent the recidivism of the defendant, no order to disclose or notify information shall be issued to the defendant);

1. The judgment of the main text of Article 186(1) of the Criminal Procedure Act regarding the issue of litigation costs and the defense counsel shall be the victim, such as inducing the victim to or dancing the victim as stated in the facts charged of this case.

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