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(영문) 서울중앙지방법원 2019.01.11 2018고단5747
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 7, 2018, the Defendant, at around 12:30, committed an indecent act by force against the victim, who visited the victim by visiting the victim from the entrance of the right model house in the office of sales of officetels in Gangnam-gu, Seoul at the 1st floor of the building B in Gangnam-gu, to the customer, after the victim D (the name of the victim, leisure, age 48).

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of statutes to the result of verification of voice recording files;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 69(2) and 70(1) of the Criminal Act for the inducement 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. In light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method of and seriousness of the crime, crime records, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account: (a) the degree of disadvantage and anticipated side effects of the Defendant’s suffering; (b) the prevention and effect of sexual crimes subject to registration that may be achieved therefrom; and (c) the effect of protecting the victims thereof; and (d) the determination that there is any special circumstance in which the disclosure or notification of personal information shall not be made pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1); and (c) the proviso to Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (d) other special circumstances

When a conviction on the facts constituting a sex offense subject to registration becomes final and conclusive, the accused shall be punished for a sexual crime.

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