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(영문) 서울서부지방법원 2019.02.20 2018고단4380
강제추행
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 06:00 on September 29, 2018, the Defendant had the mind that he would commit an indecent act in front of the ‘Cju' store located in Yongsan-gu Seoul, Yongsan-gu, Seoul. At around 06:00, the Defendant had her son D (34 years of age) with his her flock and tobacco, and had the left flock and flock of his flock and flock on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the Korean language is not smooth so it is difficult to expect an effect of preventing recidivism through order to complete program, and there are special circumstances in which order to complete program cannot be imposed

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the primary crime and the registration of personal information expected to have the effect of preventing recidivism; and (b) the Defendant’s employment should not be restricted in light of the Defendant’s age, environment, occupation, the expected profit from the employment restriction order, the effect of preventing sexual crimes, and the disadvantages and anticipated side effects of the Defendant therefrom; and (c) the Defendant’s employment should not be restricted; (d) the Defendant’s entry into the Republic of Korea in 2014 did not have any penalty power until the instant crime was committed; (e) the Defendant was abused by the victim immediately after the instant crime was committed; and (e) the Defendant was a foreigner and was sentenced to a fine of at least three million won. This is the crime of this case.

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