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(영문) 수원지방법원안양지원 2020.09.18 2020고단945
강제추행등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who works at the floor bed, and the victim B (n, 60 years old) is the principal of the "cafeteria" in Seongbuk-gu Seoul Metropolitan Government, which is located around the construction site.

1. On December 25, 2019, the Defendant, at around 09:20 on December 25, 2019, provided meals at the above restaurant, and committed an indecent act by force by force against the victim by continuously cutting the victim’s her son, who opened the table table, 3 to 4 times away.

2. At the above temporary border, the Defendant interfered with the Defendant’s business operation of the restaurant for about 15 minutes by breathing the tables in the cafeteria, putting the table table on the floor, putting the table table on the floor, putting the table table in hand, and putting the sound into the cafeteria, and interfering with the Defendant’s operation of the cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning B;

1. A report on investigation (a statement by force or telephone);

1. Application of Acts and subordinate statutes on the site photographs;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the selection of punishment, Article 314 (1) of the Criminal Act and the selection of fines;

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 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, and Employment Restrictions Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, disclosure order, notification order, and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, and the prevention of sexual crimes subject to registration and the victim thereof.

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