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(영문) 서울동부지방법원 2019.03.08 2018고단4385
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 64 years of age) and the victim.

On August 15, 2018, the Defendant, around 18:50 on August 15, 2018, had danced within the “D principal shop of the first floor underground of the Gangdong-gu Seoul Metropolitan Government building C, and had the victim’s back, who was diving before the door, committed an indecent act by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of each investigation report (No. 3,6,7)

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. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 47(1) and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime; motive, method, result, and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's entry due to an order to disclose or notify information; the preventive effect of the sexual crime subject to registration which can be achieved thereby; the effect of protecting victims; etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment and social relationship of the defendant, history of the crime; the details and motive of the crime; the method and consequence of the crime; etc. of the crime; any special circumstance to determine that a person subject to registration of personal information should not be restricted in light of the personal information of Article 41 of the Act.

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