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(영문) 서울남부지방법원 2018.12.07 2018고단5091
강제추행
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a personal taxi engineer, and the victim E (V, 38 years old) is a F amusement shop owner.

On September 29, 2018, around 02:10 on September 29, 2018, the Defendant, within the main point of “F” located in Gangseo-gu Seoul Metropolitan Government G, inflicted an indecent act on the victim by force, such as drinking alcohol and drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act requires consideration of the method, contents, etc. of the instant crime on the grounds of sentencing. Considering the fact that the Defendant reflects on the sentencing, the sentence identical to the order shall be imposed by comprehensively taking into account all the factors of sentencing indicated in the records, such as the Defendant’s criminal record relation, age, sexual conduct, environment, family relationship, circumstances after the commission of the crime.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 obligated to submit personal information to the head of the relevant agency pursuant to Article 43

When comprehensively considering the defendant's age, occupation, criminal record, risk of recidivism, type of crime of this case, motive, process of crime, age of victim, relationship with the victim, degree and expected side effects of the defendant's disadvantage to his/her employee, registration of personal information, order to complete a program or order to attend a course, the effect of protecting the victim, etc. of the defendant's exemption from the disclosure order, notification order, and employment restriction order, the personal information disclosure and notification order, and the employment restriction order shall not be issued.

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