logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.02 2019고단1175
준강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 1, 2018, from around 13:18 to 15:44, the Defendant committed an indecent act against the victim by taking advantage of the victim’s refusal to resist, making the victim D, who was aware of in the 5th floor “Ccarf” room of the 5th floor of the building located in Jung-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it is deemed that the risk of recidivism of sexual crimes is low in light of the Defendant’s age, social relative relationship, details or methods of the crime, circumstances after the crime, and circumstances after the crime is committed; the Defendant appears to have the effect of preventing recidivism even after completing personal information registration and sexual assault treatment programs; and other circumstances such as the social benefits expected by the disclosure order, notification order, and employment restriction order, and the effect and expected side effects of the Defendant’s disadvantage and side effects, it is deemed that there is no special circumstance to disclose or notify the Defendant’s personal information or to have committed an indecent act against children and juveniles-related institutions, etc. without any reason for sentencing.

arrow