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(영문) 서울남부지방법원 2018.10.12 2018고단2027
강제추행
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant, at the victim C (Y, 65 years of age) and D main points, had the victim dance with the victim and singing within the first underground D main points in Guro-gu Seoul, Seoul, Seoul, within the scope of January 23, 2018, around 21:00, and had the victim take the victim into the smoking room in the main place, and had the victim take the victim into the smoking room in the main place, and forced the victim to take the victim's own entrance into the zone twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the number, contents, and frequency, etc. of the instant crime, and considering the circumstances agreed with the victim, the fact that the Defendant is against the victim, etc., the sentence identical to the order shall be imposed by taking into account all the factors of sentencing indicated in the records, including the criminal record, relation, age, sexual conduct, environment, family relationship, circumstances after the commission of the crime, etc.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, victim’s age, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage due to the above order, registration of personal information, order to complete a program, or order to attend a course, the effect of preventing sexual crimes subject to registration that may be achieved only through the order to disclose personal information, order to disclose or notify personal information, and order to restrict employment.

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