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(영문) 서울중앙지방법원 2019.05.02 2018고정2318
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 12, 2018, at around 03:47, the Defendant’s “C” club in Seocho-gu Seoul Metropolitan Government, Seocho-gu, and the second underground floor, reported that the victim D (n't, 23 years of age) passed on his/her side, and committed an indecent act by force against the victim by making twice his/her tock with his/her own hand.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation report (a) (a) (a person who denies a crime but commits an indecent act against the victim's will when comprehensively considering the victim's legal statement or the evidence, such as CCTV images taken at the time of the victim's oral statement; b)

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

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. 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 Disclosure Orders, Notification Orders, and Employment Restrictions Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no criminal records of the same kind; the defendant's age, social ties relationship, details or methods of the crime, circumstances after the crime is committed; the defendant seems to have low risk of recidivism of a sexual crime; the defendant is likely to have the effect of preventing recidivism even if he/she completed the sexual information registration and sexual assault treatment program; and other circumstances such as the social benefits expected by the disclosure order, notification order, and employment restriction order, the disadvantage and anticipated side effects of the defendant as a result, etc. are considered to have no special reason to disclose, notify or restrict the defendant's personal information.

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