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(영문) 서울서부지방법원 2021.01.27 2020고정1158
강제추행
Text

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

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

Reasons

Punishment of the crime

1. On August 4, 2020, the first indecent act Defendant: (a) reported the victim D (V, 51 years of age) who was aware of his/her reputation at the main point of Yongsan-gu Seoul and “C” located in Yongsan-gu Seoul and “C” around August 4, 2020; and (b) committed an indecent act by force against the victim by making his/her her her son’s son or her son’s son’s son’s son’s son

2. On August 4, 2020, the second indecent act Defendant committed an indecent act by force on the part of the victim on the part of the victim at the place indicated in paragraph (1) around August 13:20, and on the part of the victim, the victim’s son or her son was forced to commit an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements prepared in connection with D;

1. Application of Acts and subordinate statutes concerning the on-site CCTV reporting (related to CCTV in the instant case);

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment provided for in paragraph (2) of the same Article which is heavier than the punishment provided for in paragraph (2));

1. The main sentence of Article 70(1) and the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed under Article 69 of the Criminal Act concerning the Punishment, etc. of Sexual Crimes committed by the Confinement of Labor Station Inmates

1. If a conviction of a crime of indecent act committed by force on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person 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 is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

When comprehensively considering the defendant's age, occupation, risk of recidivism, details and details of the crime, method and consequence of the crime, seriousness of the crime, record of the crime, disclosure order and notification order, the degree and anticipated side effects of the defendant's disadvantage due to the order of disclosure and notification order, the preventive effect and effect of the sexual crime subject to registration that can be achieved due to such order, and the effect of protecting the victim, etc., the punishment of sexual crimes is relevant.

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