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(영문) 서울동부지방법원 2020.01.17 2019고단3577
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 12, 2019, at around 02:00, the Defendant committed an indecent act by force against the victim D (one's name, half's age, 21) who was seated under the influence of alcohol in front of Seongdong-gu Seoul Center, Seongdong-gu, Seoul and C Center on October 12, 2019, on the part of the victim D (one's age, 21).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E or D;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to all photographs of the C Center;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the age, occupation, risk of repeating a crime; the motive, method, result, and seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's entrance due to an order to disclose or notify information; the preventive effect of the sexual crime subject to registration that can be achieved thereby; the effect of protecting the victims; there are special circumstances that the defendant shall not disclose personal information in light of the age, family environment and social relationship of the defendant; the details and motive of the crime; the method and consequence of the crime; and the risk of recidivism of the crime, etc., the defendant shall not be found guilty of personal information on the crime under Article 14(2).

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