logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.08.08 2018고정132
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 30, 2017, from around 15:00 to around 15:23, the Defendant forced the victim to commit an indecent act by committing three times by committing an indecent act, while viewing a film on the 7th floor CH6 sites in Seodaemun-gu Seoul Metropolitan Government building B, Seodaemun-gu, Seoul. A motion picture on the 7th floor CH6 sites.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on admission tickets for the motion picture;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order was issued is deemed to have been given medical treatment by the Defendant as a result of compilation, but, in light of the background of the crime, the Defendant’s attitude and behavior after the crime, etc., at the time of the crime in this case, the Defendant lost or lacks the ability to discern things or make decisions;

Therefore, we cannot accept the assertion of a defense counsel's mental and physical disability.

On June 23, 2017, the Defendant was indicted as the charge that “the Defendant committed an indecent act against the victim by taking advantage of the victim’s left arms at the movie theater around 19:30 on June 23, 2017,” and was sentenced to two years of suspended execution, two years of protection observation, and forty hours of sexual assault treatment at the Seoul Western District Court on November 30, 2017 (Seoul Western District Court 2017 High Court 310). However, the Defendant appealed on May 29, 2018 (Seoul Western District Court 2017 High Court 310) and was sentenced to dismissal of the appeal by the Seoul High Court on May 29, 2018 (Seoul High Court 2017No3779), and the Defendant was receiving a considerable sense of sexual humiliation as of November 29, 2017 (Supreme Court 2018Do9291).

arrow