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(영문) 서울북부지방법원 2019.07.25 2017고정1928
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

At around 22:00 on April 21, 2017, the Defendant committed an indecent act by force against the victim D (V, 30 years of age) who was taking a flight of the stairs that were going to the first floor of the building in Seongbuk-gu Seoul, Seoul, and who was her knife of the stairs that were going to the first floor of the building.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Application of each of the Acts and subordinate statutes to witness D and E in this Court;

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

1. The Defendant and the defense counsel in determining the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order are denying the crime on the ground that the Defendant did not forcibly commit the victim.

However, the victim has consistently and specifically stated the situation before and after this Court and the investigative agency at the time when he was subjected to indecent act by the defendant, the specific body part of the victim's indecent act, the fear at time, and the statement that the defendant had committed, and there are no other circumstances to make the statement false. Thus, according to such statements by the victim, the victim's statements can sufficiently recognize the facts that the victim committed indecent act intentionally, such as the facts charged, as stated in the facts charged.

Therefore, the defendant and defense counsel are not accepted.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a competent police office pursuant to

Disclosure and notification order, the age, occupation, risk of recidivism, motive, details and circumstances of the crime of the defendant exempted from the employment restriction order.

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