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(영문) 서울중앙지방법원 2019.02.11 2018고정1801
강제추행등
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

1. The Defendant, at around 05:40 on January 18, 2018, committed an indecent act by compulsion against the victim D (Nam, 19 years old) who had been set up on the four tables at “C” located in Gangnam-gu Seoul, Seoul, and had his/her own hand commit an indecent act against the victim by forcing him/her by using the victim’s sexual breathm with his/her own hand.

2. On January 18, 2018, at the same place as the preceding paragraph, the Defendant: (a) tried to use the victim’s own sparingly from the victim; and (b) tried to control him from the victim; and (c) destroyed a e-mail with white E-mail, which the victim owned, by hand, by putting the victim’s knife and destroying the e-mail at the market price.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement related to F and D;

1. The tear tear of the victim;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

1. Relevant statutory provisions Article 298 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the risk of recidivism of a sexual crime is low in light of the details, methods, and circumstances of the crime; the Defendant appears to have the effect of preventing recidivism even with the completion of personal information registration and sexual assault treatment programs; and other social benefits expected by the order to disclose, notify, and restrict employment; and the Defendant’s disadvantage resulting therefrom.

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