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(영문) 서울동부지방법원 2018.10.19 2017고단3779
강제추행등
Text

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

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

Reasons

Punishment of the crime

1. Around October 12, 2017, the Defendant committed an indecent act by force by force: (a) around October 12, 2017, the chest of the victim D (V, 65 years old) who was passed from the toilet front corridor located under the first floor C of Songpa-gu Seoul building B, Songpa-gu, Seoul, on one occasion by hand, and committed an indecent act.

2. The Defendant, at the same time and place as above, assaulted the victim, who was seated in the victim on the ground that the victim resisted against the above Defendant’s act is bad, up to the floor of the victim’s breath.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement of D and E;

1. Each investigation report (No. 5, 7, 9, 12 once a year);

1. Application of Acts and subordinate statutes to photographs of generated places;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information under Article 334(1) of the Criminal Procedure Act; Article 49(1) proviso of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, occupation, sex, sex, family relation, risk of re-offending; the background and process of the instant crime; the benefits expected from the instant disclosure order or the instant notification order; the consequences and effect of the prevention thereof; and any disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As such, a disclosure order or notification order shall not be issued to the defendant.

The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, environment, and social ties of the defendant), which is exempted from the employment restriction order, shall be limited.

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