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(영문) 서울북부지방법원 2018.10.26 2018고정980
강제추행등
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

1. On March 5, 2018, around 23:16, the Defendant committed an indecent act by force against the victim B (a person who was seated in the seat of the victim) who had been seated in the front direction of acceptance mountain station in the stations of subway No. 7 of the subway No. 1662, Seoul, Nowon-gu, Seoul Special Metropolitan City, the Defendant committed an indecent act by force by force against the victim, such as taking the victim’s hand by two descendants.

2. The Defendant assaulted the victim, at the same time and at the same place as paragraph 1, on the said indecent act, such as the victim’s walking at one time due to his right edge, when the victim resists.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness B (alias) and C;

1. Statement made by the police with regard to B (tentative name);

1. Application of Acts and subordinate statutes to a report on internal investigation (receiving CCTV images of an acceptable mountain station), and a report on internal investigation (verification of CCTV images of an subway station);

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the selection of each fine for the crime;

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

1. In full view of various circumstances, including the Defendant’s age, occupation, family environment, social ties, the risk of repeating a crime, the benefits and effects expected by the instant disclosure order and the instant order, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, and the employment restriction order shall not be issued, in full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. Article 334(1) of the Criminal Procedure Act, which provides the personal information of the provisional payment order.

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