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(영문) 서울중앙지방법원 2018.10.05 2018고단5026
강제추행
Text

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

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

Reasons

Punishment of the crime

On December 20, 2017, the Defendant, at around 01:36, committed an indecent act against the victim by making the victim sit on the victim’s face and shoulder, who is an employee working at the same workplace as “E” located in Gangnam-gu Seoul Metropolitan Government D, and drinking together with the victim F (the age of 35) who is an employee working at the same workplace, and by making the victim sit on the victim’s side, and allowing the victim to sit on the victim’s face and shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to photographs by cutting down CCTV at the scene of occurrence;

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. 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 has no record of being punished for the same kind of crime; the fact that the defendant has no record of being punished for the same crime; 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 the effect to prevent the re-offending even

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by a sexual crime prevention effect, disadvantages and anticipated side effects of the defendant, there are special circumstances in which the defendant's personal information should not be disclosed or notified, or a juvenile-related institution, etc. should not order the restriction on employment to a juvenile-related institution.

In conclusion, the facts charged in the judgment that the personal information is registered and submitted are examined.

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