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(영문) 서울중앙지방법원 2017.10.17 2017고정1187
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 21, 2016, around 20:50 on September 21, 2016, the Defendant lent a license to the victim E (V, 26 years of age) who was seated to get a telephone to her husband on the roads near the D cafeteria located in Seocho-gu Seoul Metropolitan Government, and changed the license to use the license to the her husband, and subsequently, she talks with the victim, and she would not interfere with the sexual relationship as a partner.

At the same time, “I kn't kn't k', so I kn't kn't kn't, and I kn't kn't.

The Defendant committed an indecent act against the victim by assault.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from the victim's workplace compensation);

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the Selection of Punishment Act.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests formal trial)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (only on the registration of personal information of the defendant against the defendant may have an effect to prevent recidivism to a certain extent;

In full view of the facts indicated in the record, such as the Defendant’s age, occupation, family relationship, and social relationship, details and circumstances of the instant crime, benefits and preventive effects expected by the disclosure or notification order to the Defendant, and disadvantages and side effects resulting therefrom, the Defendant’s personal information is subject to the principle of prohibition of disadvantageous alteration in the case where the Defendant requested a formal trial.

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