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(영문) 서울서부지방법원 2020.08.26 2020고정692
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 13, 2019, at around 00:10 on the road located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant committed an indecent act on the part of the victim C (V, 27 years of age) who walked against the Defendant on the road located in Yeongdeungpo-gu Seoul Metropolitan Government, and was under the influence of alcohol on the part of the victim C, and was able to use the victim on one occasion from his to his to his to his tone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutorial statement concerning C and D concerning a part of the suspect interrogation protocol against the defendant (the purport that “the detention was not well-founded, but it was still satisfy)

1. Statement of each police statement related to C and D;

1. C and D respective statements;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to report on investigation (the refusal of a victim's statement and hearing of a witness D phone statement);

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency under

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order or notification order, the degree of disadvantage the Defendant suffers, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims.

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