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(영문) 서울서부지방법원 2018.11.28 2018고단3275
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. The Defendant, on June 10, 2018, committed an indecent act against the victim D by force on June 10, 2018, committed an indecent act by forcing the victim to commit an indecent act by putting the victim’s right-hand interest on his/her hand on the part of the victim D (age 25) who is dancing within the first floor F club of Yongsan-gu Seoul, Yongsan-gu, Seoul and behind the victim D (age 25).

2. The Defendant, at the time and place specified in paragraph 1, committed an indecent act against the victim G, committed an indecent act by force against the victim by breaking his body behind the victim G (at the age of 25) who danced at that place, and by using her tum with her mumf., forced the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation reports (the analysis of CCTVs) (applicable to Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

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

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. The sentencing of Article 334(1) of the Criminal Procedure Act was not received from the victims of the reason for the sentencing of the provisional payment order; the defendant was the first offender; the defendant was the first offender; the behaviors and degree of the prosecution; and other various sentencing conditions, including the defendant's age, sexual behavior, environment, etc., shall be determined as ordered by the sentence.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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