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(영문) 서울남부지방법원 2021.01.22 2020고단5722
준강제추행
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 victim B (n, 41 years of age), the victim C (n, 42 years of age) and the workplace rent relationship.

On September 4, 2020, the Defendant her drinking together with the victims at “E” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government, and around 21:20 on the same day, while the victims were waiting for a taxi at the front of the same Gu F, the Defendant her knife and her knife into the road under the influence of alcohol, her knife and her knife into the part of the victim B, her knife, her knife into the part of the victim B, and continued to her knife his knife into the part of the victim C, and her knife was her knife.

Accordingly, the defendant committed an indecent act against the victims by taking advantage of their mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G, H, B, and C;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV investigation around the place of occurrence);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) proviso of the Act on Welfare of Persons with Disabilities (the Defendant’s age, occupation, risk of recidivism; motive, method, disclosure, notification order, and employment restriction order of the instant crime; degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such order; prevention of sexual crimes subject to registration; and effects of the protection of the victim thereof; or disclosure and notification of the Defendant’s personal information.

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