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(영문) 서울서부지방법원 2018.09.12 2018고단2595
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 20, 2018, at the main point of “C” located in Mapo-gu Seoul, Seoul on February 20, 2018, the Defendant: (a) reported the victim D (n, 29 years of age) who had drinking alcohol in other places while drinking alcohol; (b) followed the victim by the victim’s own hand, followed by the victim’s head and shoulder; and (c) led the victim to an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to investigative reports (related to attaching text messages sent to the victim by the victim);

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine (to reflect his/her fault, to the extent that he/she agrees with the victim, to the extent that he/she has no record of punishment other than the one-time fine, and to the extent of an indecent act, etc.);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In light of the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted (the fact that the risk of re-offending is low in light of the details and circumstances of the crime, the fact that there is no record of punishment for the same crime, the fact that the registration of personal information and the order to complete a sexual assault treatment program is expected to have the effect of preventing recidivism, and other circumstances, such as the defendant's age, environment, occupation and benefit expected by the order to restrict employment, the effect of preventing sex crimes, and the disadvantage and anticipated side effects of the defendant

I think)

When the judgment of conviction of this case becomes final and conclusive, the defendant shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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