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(영문) 서울북부지방법원 2019.08.30 2019고단1347
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 04:40 on October 14, 2018, the Defendant: (a) reported that the victim D (one’s name, two-five years of age) who met with the online game club-friendly meeting was under the influence of alcohol and committed an indecent act against the victim; (b) held the victim’s losses in the side of the victim; and (c) held the chest by inserting them into the victim’s inner part; and (d) held the chest on the part of the victim.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement prepared in D;

1. A report on internal investigation (a statement made by a victim and a stenographic record attached);

1. Report of investigation (the photograph of the suspect's cellular phone at the time of criminal investigation);

1. A report on investigation (as to the time the case occurred);

1. A report on investigation (as regards the place of damage);

1. Report on internal investigation (report on request for appraisal);

1. Application of statutes on site photographs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the appearance that the defendant recognized the crime of this case and reflects the wrongness of the defendant, the victim expressed his intention not to punish the defendant by mutual consent after paying five million won to the victim, and considering the circumstances favorable to the defendant that there is no record of criminal punishment in the previous case, and other factors such as the defendant's age, character and behavior, environment, relationship with the victim, motive and circumstance of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., as ordered.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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