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(영문) 서울서부지방법원 2020.10.07 2020고정806
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 03:50 on February 16, 2020, the Defendant, at around 03:0 on February 16, 2020, had the victim D (n, 31 years of age) who had danced in Yongsan-gu Seoul, Yongsan-gu, Seoul, had the victim’s right-hand her part below the lower part.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report of the suspect interrogation protocol of the police as to D (CCTV analysis);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. The main sentence of Article 70 (1) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 69 (2) of the Criminal Act

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, character and conduct, and environment, shall be determined as ordered in consideration of the reasons for the sentencing.

Unfavorable circumstances: The part or degree of indecent conduct in the ruling is not somewhat weak.

The victim was not able to receive any conviction from the victim.

The favorable circumstances shows the appearance of the defendant's confession of the crime.

There is no record of criminal punishment against the defendant.

When a conviction on indecent acts by compulsion in the judgment on a sex offense subject to registration becomes final and conclusive, the accused is a person 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 obliged to submit personal information to the head of the relevant agency pursuant to Article 4

In light of the Defendant’s age, occupation, risk of recidivism, details and circumstances of the crime, method and consequence of the crime, seriousness of the crime, criminal records, disclosure order and notification order, the degree and anticipated side effects of the disadvantage to be borne by the Defendant due to the employment restriction order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the sexual crime is committed.

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