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(영문) 서울서부지방법원 2019.07.05 2019고단995
강제추행
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. A crime committed against the victim B (a person, 26 years of age);

A. On January 5, 2019, from around 23:00 to January 00:00 on January 6, 2019, the Defendant committed an indecent act by force against the victim by putting the victim’s hump at a “D” club located in Mapo-gu Seoul Metropolitan Government from the back of the victim’s damage to the hump of the victim.

B. On January 6, 2019, at around 01:30, the Defendant committed an indecent act by force against the victim by putting the victim’s humf at a “F club” hall located in Mapo-gu Seoul, Seoul, with both descendants following the victim’s rears. As the victim’s humf was humbly hump, the Defendant humf of the victim’s humf.

2. On January 6, 2019, the Defendant committed a crime against the Victim G (a person, a woman, and a person aged 21) committed an indecent act by force against the victim by shacking the victim’s hys of “F” clubs in Mapo-gu Seoul, Mapo-gu, Seoul, with the hys of the victim’s hys.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. The police statement of H;

1. Investigation report (the status of the suspect's attachment at the time of the incident and the confirmation of CCTV of F-F clubs at the time of the incident).

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment on January 6, 2019 concerning a victim B with the largest penalty)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant was sentenced to imprisonment with prison labor for three years at the Seoul Western District Court on September 7, 2017 and five years of suspended execution, and the said judgment became final and conclusive on September 15, 2017 and is still under suspended execution.

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