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(영문) 서울서부지방법원 2018.04.04 2016고단3179
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 5, 2015, the Defendant obtained the status of stay for a Korean language training and stayed in Korea, and is a relationship that is entirely aware of the victim B (age 26).

On September 10, 2016, around 03:15, the Defendant discovered a victim who was walking a path at the crosswalk in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, and caused a pact to commit an indecent act against such female by causing a pact against him/her, and by causing a pact against him/her, he/she committed an indecent act by making the victim's right-hand hand only once, with his/her right-hand tack, and by forcing him/her to do so.

Summary of Evidence

1. Statement made by the police against B;

1. Written statements of D;

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting Processing;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the Selection of Punishment Act.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. An order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is deemed an exceptional circumstance where the Defendant is unable to impose an order to attend a course or order to complete a program, given that the Defendant’s whereabouts is unknown and the use of the Korean language appears not smooth, etc.

The reason for sentencing takes into account the fact that the defendant was not present in the trial, the method and degree of damage to the crime, the unfavorable circumstances to the point that the defendant did not agree, and the favorable circumstances to the point that there was no record of criminal punishment in the Republic of Korea. Once the conviction of this case becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal

However, if the judgment of this case becomes final and conclusive, the defendant becomes a foreigner subject to prosecution under the Immigration Control Act, the age, details of the crime, and the recidivism of personal information registration, and the victim.

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