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(영문) 서울중앙지방법원 2013.10.17 2013고단4583
강제추행
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a workplace company of the victim D(n, 30 years of age).

1. Around 23:00 on February 27, 2013, the Defendant forced the victim to commit an indecent act by stating “F” at “F” heading in Seocho-gu Seoul, Seocho-gu, Seoul, that the victim was “kisk,” while the Defendant kisced and kisced with employees and the victim as “kis,” and kiscing the victim to the right side of the victim.

2. 피고인은 2013. 5. 27. 23:20경 서울 서초구 G 지하 1층 ‘H노래방’에서, 직원들과 회식을 하던 중, 소파에 앉아 있던 피해자에게 다가가 갑자기 피해자를 끌어안고 귓속말을 하다가 왼쪽 볼에 입을 맞추는 방법으로 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of I;

1. A criminal investigation report (related to a suspect's text message received on a cell phone of the victim);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Articles 70 and 69(2) of the Criminal Act, the accused 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 accused is obligated to submit personal information to the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the child or juvenile shall be subject to a comprehensive consideration.

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