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(영문) 서울서부지방법원 2020.09.09 2020고단1798
준강제추행
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 07:00 on April 26, 2020, the Defendant got off the victim B (n, 20 years of age) who was working as a volunteer in the non-permanent area located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, and got on the back seat of the taxi and moved to the C in the vicinity of Gangnam-gu Seoul, Gangnam-gu, Seoul, while the victim was under the influence of alcohol, was able to look at the victim's chest by hand, and the victim was able to write down his finger by hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. A DNA statement concerning the police suspect examination of the accused;

1. 112 reported case handling table;

1. Investigation report (Submission of a non-friendly taxi photograph at the studio of reference witness), e-mail, and photograph;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process of the instant crime, disclosure order or notification order, the degree of disadvantage the Defendant suffers and the effect of preventing sex crimes subject to registration that may be achieved therefrom, and protecting the victims thereof, etc.

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