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(영문) 서울중앙지방법원 2015.06.12 2015고단2062
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 21, 2015, at around 02:15, the Defendant d clubs located in Gangnam-gu Seoul Metropolitan Government, followed by the victim E (V, 25 years of age) who heard music, and kiddddd by the victim E (V, 25 years of age).

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement concerning E and F;

1. The application of the CCTV video CD (the defendant denies the crime but the victim's statement was natural despite his/her testimony, and thus, the victim made a concrete and clear statement about the circumstances in which he/she committed an indecent act against the defendant, and thus, the defendant can be found guilty of the facts charged).

1. Article 298 of the Criminal Act applicable to the crimes;

1. Optional fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the Provisional Payment Order - Circumstances favorable to the defendant: The defendant denies the crime and does not reflect against himself/herself while denying the crime. The defendant becomes subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant becomes subject to registration of personal information under Article 43 of the same Act.

In light of the Defendant’s age, record of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., it is determined that there are special circumstances where personal information may not be disclosed or notified.

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