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(영문) 서울남부지방법원 2019.02.15 2018고단5476
강제추행
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 22, 2018, at around 22:25, the Defendant committed an indecent act by coercioning the victim C (30 years of age) in the “D cafeteria” where the victim C (30) in Yeongdeungpo-gu Seoul Metropolitan Government is an employee to receive food orders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Provisional Payment Order takes into account the following factors: (a) the number and details of the instant crime committed; (b) the agreement with the victim is taken into account; and (c) the Defendant reflects his/her opposite nature; and (d) other factors of sentencing indicated in the records, including the criminal record, age, character and conduct, environment, family relationship, circumstances after

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, victim’s age, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage due to the above order, registration of personal information, order to complete a program, or order to attend a course, the effect of protecting the victims, etc., it is determined that there are special circumstances that may not issue an order to disclose or notify personal information, or an employment restriction order.

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