logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.09.23 2020고단2234
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

On March 8, 2020, at around 04:50, the Defendant found the victim D (the name, the age of 35) who is dancing before DJS in Yongsan-gu Seoul, Yongsan-gu, Seoul, found the victim D, kept the victim from behind the victim's own side, and knife the victim's right chest by his hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (on-site CCTV investigation and on-site CCTV investigation2) on the police statement of the D (alias) and E;

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

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. 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 Defendant committed an indecent act against the victim who was a living site in a club.

The nature and degree of indecent act is not easy.

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

The favorable circumstances shows the attitude of the defendant to reflect on the confession of the crime.

There is no criminal record on the defendant's criminal punishment.

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

The defendant's age, occupation, risk of recidivism, details and circumstances of the crime, method and seriousness of the crime, criminal records, disclosure order and notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the employment restriction order, and the age of the defendant exempted from the employment restriction order, occupation, risk of recidivism, the method and consequence of the crime, and the seriousness of the crime.

arrow