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(영문) 서울남부지방법원 2019.07.17 2019고단2120
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is the head of the “C” lending company, in which the victim B(n, 34 years of age) works.

On December 20, 2018, at around 06:00 on December 20, 2018, the Defendant, within Mapo-gu Seoul Metropolitan DD Building E, engaged in an indecent act against the victim by forcing him/her to commit an indecent act by forcing him/her to commit an act. The Defendant: (a) by inserting his/her finger into the victim’s hand on the part of the victim; (b) by inserting his/her finger into the victim’s hand on the part of the victim; and (c) by inserting his/her chest into the victim’s chest, the Defendant committed an indecent act against the victim by forcing him/her by inserting his/her finger in the part of the victim, even if the victim refused to interfere with the Defendant’s hand; and (d) by inserting his/her finger into the part of the victim, the Defendant committed an indecent act by forcing him/her.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to B

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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 Sexual Crimes Committed to order;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good in light of the defendant's indecent act committed by indecent act by force against the victim who is subordinate employee, and thus, the nature of the crime is not good. However, the defendant recognizes and reflects the crime, the defendant has no record of criminal punishment, the victim does not want the punishment against the defendant by mutual consent with the victim, and all other conditions of sentencing including the defendant's age, character and conduct, family environment, etc. shall be determined as ordered by taking into account the following factors:

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

Disclosure and notification order, and

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