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(영문) 서울중앙지방법원 2015.06.12 2014고단8707
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On November 3, 2014, at around 00:40, the Defendant: (a) at a just hotel jum casino, a 50th month in Jung-gu Seoul, Jung-gu, 2014, the Defendant: (b) opened a game after being attached to the game table by a victim C (Y, 34 years of age), a Japanese tourist, who was located in front of the game table; (c) opened the game by hand; (d) opened the victim’s shoulders, bucks, bucks, etc.; and (d) opened the game by holding the table on the buck, the Defendant’s sexual part of the Defendant’s sexual part brought about the victim’s boom portion; and (d) committed an indecent act by force against the victim, such as rain.

Summary of Evidence

1. The police statement of C (the witness C shall leave the Republic of Korea to Japan and his whereabouts are unknown, and according to the witness D's testimony, C shall make a statement at the police and make a statement freely in the presence of male-child E and interpreter, so admissibility is recognized in accordance with Article 314 of the Criminal Procedure Act.)

1. Application of Acts and subordinate statutes to a report on the results of investigation;

1. Relevant legal provisions concerning criminal facts and Article 298 of the Criminal Act concerning the choice of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant has no criminal records other than the instant case, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by taking

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 is obligated to submit personal information to the competent agency pursuant to Article 43

In light of the fact that the defendant is Pakistan and cannot use the Korean language, etc., the defendant is exempted from order under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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