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(영문) 서울중앙지방법원 2018.09.20 2018고단2123
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

At around 18:00 on July 8, 2016, the Defendant: (a) placed in D offices located in the Gangnam-gu Seoul Metropolitan Government Section B building C with the victim E (at 24 years of age); (b) placed in a talk with the victim, the Defendant: (c) placed the victim “(s)” on the part of the victim; (d) placed the victim’s hand, who was seated in a sofabs that he was in a nearby position, and she forced him to put the victim’s hand on the fabs, and forced him to put the breast on the fabs of the victim; and (e) placed the chest on the part of the victim, put the fabs on the part of the fabs, and committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. Reports on internal investigation (the details of text messages sent and received by a victim and suspect, and details of transfer);

1. Complaint;

1. Application of reference materials statutes;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is the primary offender; the fact that the defendant is the primary offender; the fact that the risk of recidivism of a sexual crime is likely to be low in light of the details and circumstances of the crime; the defendant may have an effect to prevent recidivism even after completing personal information registration and sexual assault treatment programs;

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by sexual crime prevention effect, disadvantage and anticipated side effects of the defendant, etc., the personal information of the defendant shall be disclosed or notified, or employment restrictions shall be placed on juvenile-related institutions, etc.

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