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(영문) 서울서부지방법원 2018.11.21 2018고단3027
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 June 11, 2018, the Defendant driving away from the subway C platform of the subway No. 6 located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul around 22:50, the Defendant driven away from the victim D (V, 20 years old).

By doing so, the part of the victim's left arm's length is cover, and " I want to dial-a-a-law."

One time, whether it would be possible or not

“Along with the end of this year, I would like to force the victim’s left arms and dial-a-a-dial-a-a-a-a-law any defect. I would like to do so only once.

The victim was forced to commit an indecent act by stating "one-time defect".

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV at damaged places);

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment (to be imposed in consideration of the circumstances, such as the fact that his mistake is against the truth, that he does not want the punishment of a defendant by mutual consent with the victim, and that he is the first offender);

1. Article 70(1) and Article 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted: (b) the effect of preventing recidivism is expected to be effective by registering personal information and completing a program to treat sexual assault; and (c) the Defendant’s age, environment, occupation, profits expected by an employment restriction order and the effect of preventing sex crimes; and (d) the disadvantage and anticipated side effects of the Defendant resulting therefrom, there are special circumstances where

I think)

Where the conviction of this case 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 the relevant agency pursuant to Article 43 of the same Act.

(b).

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