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(영문) 서울동부지방법원 2018.10.04 2018고단2184
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 April 3, 2018, around 03:54, the Defendant: (a) discovered that, while boarding an elevator before the elevator located in Gangdong-gu Seoul Metropolitan Government C and five stories D music practice room, the victim E (the life, the life, the age of 24) was out of the elevator and found out that the victim E (the age of 24) was out of the elevator, and committed an indecent act by force against the victim by his/her her her her her bumm or her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to a report on investigation (on-site and CCTV verification);

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

1. Selection of an alternative fine for punishment (the election is against the defendant and the victim seems to have been sentenced, and the defendant has no past record of exceeding the same kind of power or fine, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant 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 thus the defendant is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As it is recognized, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse is exempted from an employment restriction order.

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