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(영문) 서울동부지방법원 2018.11.30 2018고단3505
강제추행
Text

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

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

Reasons

Punishment of the crime

The Defendant is a philosophical and part-time lecturer at B University, and the victim C (V, 22 years of age, and household name) is a student attending the philosophy of B University.

On May 25, 2018, the Defendant, at around 23:00 on May 25, 2018, held a meeting at the head office located on the second floor of Seongdong-gu Seoul Metropolitan Government D building, and performed drinking on the side of the victim, he was able to take off the victim’s hand under the Agnet B, and even though the victim was refused to take off the victim’s hand, he got off his hand and she was frighted with the female’s shoulder repeatedly.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C (Gain), E (Gain), F (Gain), G (Gain Name), and H (Gain Name);

1. Each investigation report (No. 16, 17) ;

1. Application of entrance and internal photograph Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, the preventive effect and effect of the instant crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)

Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered, the defendant shall be punished by Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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