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(영문) 서울북부지방법원 2018.05.17 2018고단25
강제추행
Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On August 17, 2017, around 02:10 on August 17, 2017, the Defendant: (a) reported the victim E (here 23 years old) who was sexually fee kne face in a female-friendly club of Dobong-gu Seoul, Dobong-gu, and 1st underground level; and (b) committed an indecent act by force against the victim by inserting her kne face in a female-friendly club of this male-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the victim is consistently and specifically stated in this court and investigative agency as to the situation at which the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

In light of the victim's attitude of testimony in this court, the victim's statement is recognized as credibility.

According to the evidence of the judgment, the defendant can be found to have committed an indecent act by force against the victim.

Application of Statutes

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

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., the Defendant’s personal information may not be disclosed or notified. In full view of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism).

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