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(영문) 서울동부지방법원 2018.08.03 2018고단1836
강제추행
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

On March 20, 2018, the Defendant, at the C convenience store located in Gwangjin-gu Seoul Special Metropolitan City on March 10, 2018, brought to the victim D (named, south, and age 22) (a person, male, and age 22) who is drinking a beverage.

Men's, female, and artist's.

When the victim avoided the defendant, the victim was forced to commit an indecent act against the victim, i.e., the victim's sexual organ and male sexual organ by setting up the victim's sexual organ and the shape of the male sexual organ by hand, and the victim's sexual organ by drawing the victim's sexual organ into the victim and by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. The investigation report (No. 4 times a year);

1. Application of photographs, CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso 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, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, the preventive effect and effect of the instant crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)

The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment, and social ties, records of crimes, details and motives of crimes, methods of committing crimes, the risk of recidivism, etc. shall be comprehensively considered.

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