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(영문) 서울남부지방법원 2019.08.12 2019고단1405
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 11, 2019, at around 20:15, the Defendant committed an indecent act on the part of the victim D (or 20 years of age) who had tobacco in front of the “Cju store” located in Gangseo-gu Seoul Metropolitan Government, Seoul, by committing an indecent act on the part of the victim, with his/her own hand, twice his/her ambl with his/her ambl with his/her own hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Investigation report (related to the confirmation of CCTV in place of criminal conduct) / The defendant asserts that the victim frighting her finger to the purport that it is unnecessary to talk to the effect that the victim would drink alcohol to the defendant, and that there is no need to do so. However, the defendant's assertion is not accepted since it is sufficiently recognized that the defendant committed the crime in the judgment, based on the witness's statement that the investigative agency made a specific and consistent statement about the nature of indecent act, indecent act method, the situation before and after the indecent act, etc. from the investigative agency to this court, and on the field CCTV image of the case, according to the witness's on-site CCTV.

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

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act bearing litigation costs are consistent with the rationale for sentencing that the defendant is hard to understand, denies the crime, and the damage has not been recovered, the commission of indecent act, the method and degree of indecent act, the fact that the defendant has no record of punishment for the same kind of crime, and other all the sentencing conditions, including the defendant's age, character and conduct, family environment, shall be determined as ordered by taking

A defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when a conviction on a crime subject to registration becomes final and conclusive.

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