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(영문) 서울중앙지방법원 2019.03.26 2018고정2421
강제추행
Text

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

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

Reasons

Criminal facts

On August 25, 2018, at around 17:55, the Defendant sought to keep the victim’s chest by inserting his/her own hand on his/her left top to his/her back, who is an employee who is paying the price from the Defendant’s seat before the cafeteria of the “cafeteria” in Jongno-gu Seoul Metropolitan City, Jongno-gu. At around 17:55, the Defendant was going to use the part of the victim’s left top to put him/her inside.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the video CD-related Acts and subordinate statutes

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. An order to disclose or notify the accused shall not be issued pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 following factors: the accused’s age, occupation, risk of recidivism, motive, process, consequence, degree of disadvantage the accused accused due to an order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information, the defendant is a person subject to registration of personal information pursuant to 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 competent authority pursuant to

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