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(영문) 서울동부지방법원 2020.11.27 2020고단2599
강제추행
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 12:55 on August 1, 2020, the Defendant committed the crime against the victim B committed an indecent act by force against the victim, such as: (a) finding out the victim B (n) who was fright in front of D on the street located in Gangdong-gu Seoul Metropolitan Government, and was frightd from the victim’s friendly acid; (b) even though the victim was frightd from the victim’s friendly acid, the victim was frightd from the victim’s friendly acid while avoiding the Defendant; and (c) compellingly committing an indecent act against the victim, such as taking the victim’s grandchildren who was frightd from the victim

2. The Defendant committed the crime against the victim E on August 1, 2020: (a) committed an indecent act by force against the victim, such as using and walking in the front of a G restaurant located in Gangdong-gu Seoul Metropolitan Government F, by discovering the victim E (n, 36 years of age) in front of the G restaurant located in Gangdong-gu Seoul Metropolitan Government; and (b) entering the victim’s friendly acid after the Gap himself, and entering the victim’s hivers, thereby making the victim’s humping.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the sentencing of the provisional payment order is based on Article 334(1) of the Criminal Procedure Act, the Defendant’s attitude and degree of damage, the Defendant’s failure to obtain a letter from the victims, the Defendant has the record of disposition of non-prosecution to suspend indictment for the same kind of crime, the Defendant’s perception of and reflects the fact of the offense, and there is no record of punishment exceeding the fine, and the Defendant’s age, character

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