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(영문) 서울중앙지방법원 2019.06.20 2019고단1292
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 30, 2018, around 21:15, the Defendant committed an indecent act on the part of the victim by force against the victim by committing an indecent act on the part of the victim, such as using hickly inside the victim’s left side, from the second underground floor of the subway 9 line located in Seocho-gu Seoul Metropolitan Government, to the first underground floor.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. Application of the video CD-related Acts and subordinate statutes in which the screen of crime committed by C is recorded;

1. Article 298 of the Criminal Act applicable to the crimes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the defendant commits an indecent act against the victim in CS radar and the degree of indecent act is not good.

However, the defendant has no record of punishment, but the criminal investigation agency denied the crime in the case of this court, and the defendant's age, character and behavior, environment, motive and result of the crime, agreement intention and circumstances after the crime, etc. shall be determined by taking into account the sentencing conditions under Article 51 of the Criminal Act.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to Article 43

In light of the defendant's age, social relationship, details and methods of the crime and circumstances after the crime, the risk of recidivism of sexual crimes seems to be low, and the defendant's personal information is registered against the defendant.

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