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(영문) 서울동부지방법원 2020.09.11 2020고단1989
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is between the victim B (one, half, 21 years of age) and the victim.

Around 23:55 on March 12, 2020, the Defendant followed the victim from the exit from the 347 subway 9 to the subway 3rd of Songpa-gu Seoul Songpa-dong, Songpa-gu 347 subway 9 on the front side of the “Dreal estate” in the same Gu C, and changed the victim’s sound side by inserting hand from the rear side of the victim himself to the bridge.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes on internal investigation reports;

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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency under

In addition, considering the defendant's age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, disclosure order, notification order, employment restriction order, the degree and anticipated side effects of disadvantage to the defendant's suffering, the preventive effect of the sexual crime subject to registration that can be achieved due to such order, the effect of protecting the victim, etc., there are special circumstances that the defendant's personal information may not be disclosed or notified or the order of employment restriction may not be given to children and juveniles-related institutions and welfare facilities for the disabled.

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