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(영문) 서울남부지방법원 2020.06.19 2020고단768
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 6, 2019, at around 06:30, the Defendant committed an indecent act by force on the part of the victim’s left chest with his own hand, as the Defendant committed an indecent act on October 6, 2019, in the C clubs located in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

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

1. When comprehensively taking into account the degree and expected side effects of the Defendant’s entry, the prevention of sexual crimes subject to registration, the proviso to Article 49(1), Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 and the proviso to Article 56(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the age, occupation, risk of repeating a crime in this case; the motive, method, disclosure order, notification order, and employment restriction order of the Defendant’s entry and the effect of protecting the victim, etc., the disclosure of personal information of the Defendant’s personal information or the employment-related institutions for welfare of the disabled shall not be restricted).

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was unable to obtain a letter from the victim, but the degree of indecent act is not much serious, that the defendant's mistake is contrary to the defendant's acknowledgement of his mistake late, that is the first offender, and that it is other.

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