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(영문) 수원지방법원 2018.10.25 2018고단4821
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the head of the “C” restaurant on the first floor of the Suwon-si B Building, and the victim D (V, 21 years old) is a person under the supervision of the Defendant and works as an employee.

1. Around April 25, 2018, the Defendant committed an indecent act by force against the victim by taking the part of the victim’s shoulder as the Defendant’s hand, and by holding the victim’s her her son over two times, at the above “C” restaurant around April 25, 2018.

2. On April 26, 2018, the Defendant committed an indecent act by force against the victim’s shoulder at the restaurant room in the above paragraph (1) around April 26, 2018.

3. On April 26, 2018, at around 19:00, the Defendant committed an indecent act by force against the victim’s shoulder part, which held food materials in the restaurant table as set forth in paragraph (1) of the above Article, in several times with the Defendant’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (investigation into seized images);

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to submit such information becomes final and conclusive, the accused 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 competent agency pursuant to Article 43 of the same Act.

An order of disclosure and notification shall be exempted from the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of committing the crime, seriousness of the crime, and disclosure order.

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