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(영문) 서울중앙지방법원 2021.01.28 2020고정1954
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 21:00 on February 19, 2020, the Defendant committed an indecent act against the victim’s will by forcing him to leave the restaurant in Jongno-gu Seoul, Jongno-gu, Seoul 2nd underground level C, such as getting on and off escalators, taking off the victim D (the victim’s name, leisure, 47 years old)’s left hand, taking off his head, and cutting off his body.

Summary of Evidence

1. Application of Acts and subordinate statutes to a police report on the investigation of the police statement protocol of the defendant's legal statement D (tentative name) (related to the analysis of CCTV images in the field of the case);

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 on Special Cases concerning the Punishment, etc. of Sexual Crimes committed to order to complete a program under Article 70(1) and Article 69 of the same Act;

1. If a conviction on a crime committed in the judgment of the court below, which stated that Article 334(1) of the Criminal Procedure Act should be registered and submitted, 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 is obligated to submit personal information to the head of a related agency in accordance with Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the foregoing order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances in which the Defendant’s personal information should not be disclosed or notified, or his/her employment should not be restricted.

The decision is judged.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso, Article 50(1) proviso, Article 56(1) proviso, Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso of the Welfare of Persons with Disabilities Act, each of the above orders against the defendant.

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