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(영문) 서울남부지방법원 2020.03.27 2019고단6628
강제추행등
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

On August 5, 2019, at around 01:00, the Defendant committed an indecent act by force against the victim B (at the age of 23) who was in front of the exit 137, 12, the large forest basin located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on the road of the exit 137, with the victim’s own hand, and then put another hand into the victim’s bed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. 112 Application of Acts and subordinate statutes concerning reported details;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 of disclosure, an order of notification, or an order of employment restriction, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, order of disclosure, order of disclosure, notification and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage caused by such order, the prevention of sexual crimes subject to registration which may be achieved, and the effect of protecting the victims thereof, it is deemed that there are special circumstances in which the disclosure and notification of

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the instant crime is an indecent act by force against a victim who was on the way of the Defendant, and the case is not minor.

However, the defendant's mistake is recognized and against himself, the degree of indecent act is not much serious, and the victim agrees with the victim.

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