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(영문) 의정부지방법원 고양지원 2015.10.30 2015고단2029
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 21, 2015, around 04:26, the Defendant, within the “Cju shop,” of the first floor of the building B in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, the Defendant, who was an employee, was frightened with the victim D (at 20 years of age) to commit an indecent act against the victim while drinking together with his/her employees, was unable to drive the victim in a way that he/she can not take the face and shoulder of the victim who frighten in drinking, and committed an indecent act by force, such as being drunkd with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV investigation);

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

1. Where a conviction of a defendant against a sex offense subject to registration 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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