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(영문) 서울남부지방법원 2020.10.30 2020고단4643
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 13:35 on August 8, 2020, the Defendant committed an indecent act by force against the victim D (nivers, 41 years old) with his own son at the fire dong point of “C Bank” located in Gangseo-gu Seoul Metropolitan Government, and with his own son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (related to the verification of CCTVs that occur in the course of crime);

1. Relevant provisions of the Criminal Act and Article 298 (1) of the Criminal Act concerning the choice of punishment;

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. In full view of the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, disclosure order, notification order, and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to such order, prevention of sexual crimes subject to registration that may be achieved, and the effect of protecting the victims of sexual crimes, etc., the disclosure and notification of the Defendant’s personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (where special circumstances exist that need not disclose or notify the Defendant’s personal information

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant was unable to obtain a letter from the victim; (b) the degree of indecent act is not severe; (c) the Defendant has no record of being punished for sexual assault; (d) the Defendant’s mistake is against himself; and (e) the Defendant’s character and conduct, environment, motive, means and consequence of the crime; and (e) the conditions for sentencing, such as the circumstances after the crime

.personal information;

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