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(영문) 의정부지방법원 고양지원 2020.05.28 2020고단637
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2019, the Defendant, around 22:25, 2019, moved from active service in front of the Gangnam-gu Seoul Metropolitan Government to the Gabban. Around December 27, 2019, the Defendant: (a) moved to the right side of the victim D (Nam, 26 years of age) who was seated on his own side; (b) moved to the left hand; (c) buckbucks of the victim; (d) bucks of the victim; (e) bucks of the victim; and (e) bucks of the victim with his left hand; and (e) committed an indecent act by force against the victim.

Summary of Evidence

1. The defendant's partial statement (the statement to the effect that the defendant committed an indecent act as stated in the victim's holding at the date and time);

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the screen of a dynamic image taken by the victim;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act for the crime, and the selection of fines (for the following reasons for sentencing, consideration shall be given);

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

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 or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019; the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to such order; the prevention

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the proviso to Article 56 (1) of the same Act, Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which is exempted from an employment restriction order;

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