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(영문) 서울북부지방법원 2019.04.26 2018고정1552
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 11, 2018, between 19:50 and 20:40, the Defendant, in the C Park in Jongno-gu Seoul Metropolitan Government, and in the course of the victim D (24 years of age) and the books, he/she has dancing with the victim himself/herself, and even if the victim has sealed and refused the defendant's shoulder by his/her hand, he/she shall have dancing with the victim again, the victim continues to keep the defendant's shoulder by his/her hand, and the defendant refuses to do so, even though the defendant said that he/she did not want to do so, he/she placed his/her finger inside the part of the victim, and taken charge of the victim's chest, and added his/her finger to the lower part of the victim.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. 47 copies of output in the screen of a criminal investigation report (a letter, document attached to E conversations between a suspect and a victim), text, or E dialogue;

1. Application of Acts and subordinate statutes to investigative reports (victim D and telephone communications);

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. 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 effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., the Defendant’s personal information disclosure and notification order shall not be disclosed or notified, and the special circumstances that need not be subject to restriction on employment shall be determined as follows: (a) 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 Aggravated Punishment, etc. of Sexual Crimes; (b) the proviso to Article 56(1) proviso to Article 56(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse.

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