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(영문) 서울서부지방법원 2018.12.05 2018고정173
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

Punishment of the crime

The defendant is not aware of the victim B(n, 32 years of age).

On July 9, 2017, around 05:10 on July 9, 2017, the victims gam in the street in the front of Yongsan-gu Seoul Metropolitan Government, had the mind to commit an indecent act against such women.

Therefore, the Defendant committed an indecent act by force by feling her left side by knicking away from her female.

Summary of Evidence

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. Summary of the crime to be attached, such as notification of detention, and reasons for arrest of flagrant offenders [the victim stated that the victim was consistently and specifically accused from the time of the first declaration to the date of this Court to the date of indecent act, and the victim's statement is deemed to be credibility as a whole because it is difficult to find the victim's motive for false statement in light of the victim's circumstances of the report and the attitude of statement in

On the other hand, in light of the fact that the Defendant was under the influence of alcohol and was unable to memory at all at the time of the crime, the Defendant’s forced indecent act crime of this case is sufficiently recognized.

Application of Statutes

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. There are special circumstances in which it is difficult to expect the effectiveness of preventing recidivism through an order to complete education due to the lack of communication with foreigners of U.S. nationality under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete education;

[Determination]

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

1. In light of the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted (the Defendant’s age, occupation, existence of records of sex offense, details and motive of the offense, method of committing the offense, severity of the offense, etc., the risk of re-offending is remarkably low or other employment pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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