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(영문) 서울서부지방법원 2021.01.27 2020고정1137
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From around 18:30 on May 7, 2020 to around 21:30, the Defendant committed an indecent act against the victim by force on a total of five occasions, such as the list of crimes in attached Table 2, from around 2020 to May 18, 2020, the Defendant committed an indecent act against the victim by putting his/her own hand on the part of the victim who was enrolled in the lecture room at the Seodaemun-gu Seoul, Seodaemun-gu 2, and C 20 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed for DNA preparation;

1. Application of Acts and subordinate statutes, such as a Kakao Stockholm photograph to the contents of the Kakao conversation;

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed by force on May 18, 2020 with the largest penalty);

1. The main sentence of Article 70(1) and the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed under Article 69 of the Criminal Act concerning the Punishment, etc. of Sexual Crimes committed by the Confinement of Labor Station Inmates

1. If a conviction of a crime of indecent act committed by force on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act 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 the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

When considering the defendant's age, occupation, risk of recidivism, details and circumstances of the crime, method and consequence of the crime, seriousness of crime, record of crime, disclosure order and notification order and employment restriction order, the degree and anticipated side effects of the disadvantage to the defendant's suffering, the preventive effect of the sexual crime subject to registration that can be achieved, and the effect of the victim protection.

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