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(영문) 서울동부지방법원 2013.12.27 2013고단2160
강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

피고인은 2013. 8. 15. 13:10경 서울 성동구 성수동2가 300-1에 있는 지하철 2호선 성수역 승강장 내에서 피해자 B(여,26세)의 옆을 스치듯이 지나가면서 오른손 엄지손가락과 검지손가락으로 피해자의 왼쪽 엉덩이를 꾹 눌러 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Act and subordinate statutes to investigation reports (CCTV analysis);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act for the crime, the choice of a fine (the fact that an error is pened, the fact that a person seems to have committed an offense which has been drunkly committed even though he/she is not a mental or physical disability, and the first offense, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. Where a judgment becomes final and conclusive to submit personal information which is exempted from disclosure of personal information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (not disclosing personal information in consideration of the primary fact, occupation, family relation, etc.), the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to

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