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(영문) 서울남부지방법원 2016.06.28 2016고정842
강제추행
Text

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

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

Reasons

Punishment of the crime

around 03:00 around July 201 to 04:00, the Defendant discovered victims E (e.g., 19 years of age) who were diving on the floor at the right side in the D Saw or public room located in Gangseo-gu Seoul Metropolitan Government, and caused the debris between them.

The Defendant committed an indecent act by force for about one hour in a situation where the female cannot resist, such as taking milch chest of the victim into the left hand after the female's leakage.

Summary of Evidence

1. The witness E’s legal statement [it is alleged that the defendant intentionally committed an indecent act against the victim E, but the victim E’s legal statement is consistent, specific, and consistent with the defendant’s act, content of damage, the fear and response of the victim, and the situation before and after the crime, and there are no other circumstances to be false in the statement, and credibility is recognized in light of this court’s attitude of statement in this court. Thus, the defendant’s intentional indecent act against the victim as stated in the judgment of the court is sufficiently recognized.]

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. As long as a judgment of conviction of a fine is rendered against a defendant who committed a sexual crime that committed a judgment on whether to impose an order to complete a program under Article 334(1) of the Criminal Procedure Act, an order to complete a program shall be imposed in principle (Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). However, in the summary order of this case, the defendant did not impose an order to complete a program on the defendant, and the defendant requested a formal trial, the order to complete a program is not imposed pursuant to the principle prohibiting disadvantageous alteration under Article 457-2 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2015Do11362, Sept. 15, 2015). Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information, the defendant is personal information under Article 42(1) of the Act on

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