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(영문) 서울남부지방법원 2019.08.12 2018고단3633
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

On June 17, 2018, around 17:40 on June 17, 2018, the Defendant committed an indecent act by coercioning the victim’s left side with his hand in a way of 2 to 3 times the victim’s amblock without his own amblance.

Summary of Evidence

1. Prosecutions and police interrogation protocol of the accused;

1. Each written statement of D and E;

1. The application of Acts and subordinate statutes to prepare and report each record book (victim D and witness E);

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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

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

1. If a conviction of a sex crime subject to registration becomes final and conclusive on the registration of personal information and the facts constituting a sex crime subject to registration under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete a program (the defendant is deemed to have a special reason not to impose an order to complete a program because it is difficult to expect the effectiveness of recidivism prevention through a program order due to the failure of a foreigner to communicate in Korean language), the defendant is a person subject to registration of personal information in accordance with Article 42 (1)

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the defendant's age, occupation, criminal history, risk of recidivism, type, motive, process, seriousness of the crime in this case, order of disclosure or notification, degree and effect of disadvantage to the defendant's admission due to an employment restriction order, the degree and effect of preventing sexual crimes subject to registration that may be achieved

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