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(영문) 서울서부지방법원 2020.04.22 2020고단608
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 23, 2020, around 03:50 on February 23, 2020, the Defendant used the victim D (V, 24 years of age) who had danced at “C” clubs located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, as his hand, to view both of the victims and to join the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police statements prepared in E and F;

1. Application of the Act and subordinate statutes to the investigation report (the securing and analysis of CCTV images at the main point of the “C”);

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

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 to Order under Article 69 (2) of the Criminal Act

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, character and conduct, and environment, shall be determined as ordered in consideration of the reasons for the sentencing.

The favorable circumstances: the defendant has no record of criminal punishment.

The defendant shows an attitude against himself in the confession of his crime.

The victim received a letter from the victim, and the victim wanted to take the defendant's wife.

Unfavorable circumstances: The defendant committed an indecent act against the victim who is a living site in a club, and the father and degree of the indecent act are not weak.

When a conviction on indecent acts by compulsion in the judgment on a sex offense subject to registration becomes final and conclusive, the accused 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 is obliged to submit personal information to the head of the relevant agency pursuant to Article 4

The defendant's age, occupation, risk of recidivism, details and circumstances of the crime, methods and results of the crime, seriousness of the crime, crime records, disclosure order and notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the employment restriction order, and the exemption of the employment restriction order.

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