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(영문) 서울동부지방법원 2018.06.28 2018고단1131
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

around 06:00 on April 13, 2017, at the defendant's house located in the Gwangjin-gu Seoul Special Metropolitan City and the Roto tower, the defendant drinks alcoholic beverages together with the victim D (n, 28 years of age) who had worked at a dance institute, and the victim scams the ice in diving by the victim's knife's knife's hand over his knife, and then the victim rejected the "man's knife", the defendant removed his hand, put his hand into the panty of the victim again, and knifeed his hand one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to submitting evidence of a victim);

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

1. Selection of a selective fine for punishment (as agreed with the victim, consideration shall be given, such as the fact that the injured person has not been punished for the defendant, the fact that the defendant is the primary offender, and his depth is against the defendant);

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

1. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, 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 thus the defendant is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Recognizing, it is recognized.

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