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(영문) 서울북부지방법원 2020.11.13 2020고정1102
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

On January 20, 2020, at around 07:42, the Defendant committed an indecent act by force on the part of the victim C (A. 23 years of age) who was on board the building elevator No. 1 in Jung-gu Seoul Metropolitan Government. On January 20, 202, after the victim C (A. 23 years of age) who was on board the building No. 23 years.

Summary of Evidence

1. Statement D by the police concerning the defendant's legal statement C;

1. Application of the investigation report (the investigation of CCTV on the escape route of a suspect), investigation report (the investigation of CCTV for a suspect), investigation report (the investigation of CCTV for a suspect) (the securing of a taxi number on board a suspect), investigation report (the investigation report of a taxi company), investigation report (the response for cooperation in investigation of a taxi company), investigation report (the response for cooperation in investigation of a taxi company), and the application of Acts and subordinate statutes on CCTV photographs of a suspect;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the Defendant committed an indecent act against a young female who was on board the same elevator under the influence of alcohol, and it seems that the sexual health or displeasure of the victim was reasonable at the time.

However, the defendant recognized a crime, and the facts that the defendant received a letter from the victim are considered as favorable under the mutual agreement with the victim, and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances that form the conditions for sentencing as shown in the arguments and records, such as the circumstances after the crime, shall be determined as ordered by taking into account.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with 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 competent agency

disclosure order and.

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