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(영문) 서울남부지방법원 2018.11.09 2018고단4440
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 11, 2018, at around 00:30, the Defendant committed an indecent act against the victim, who is an employee, at the main point of the Guro-gu Seoul Metropolitan Government, “C”, that is, the victim D (e.g., 33 years old) laid the beer balance on the Defendant’s table, and then used the part of the victim’s bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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 requires consideration of the method, contents, etc. of the instant crime on the grounds of sentencing, and considering the fact that the Defendant is against his/her duty, etc., the sentence identical to the disposition shall be imposed by comprehensively taking into account the following factors: the Defendant’s previous conviction 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 by issuing an order to disclose personal information, order to disclose personal information, or order to restrict employment, and the effect of protecting the victims, there are special circumstances in which such order shall not be issued.

Since it is judged, each of the above subparagraphs is against the defendant.

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