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(영문) 서울동부지방법원 2019.10.24 2019고단2476
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant was hospitalized in the hospital C in Songpa-gu Seoul Metropolitan Government, and the victim D (the victim, 24 years old) was working as an assistant nurse at the same time.

On December 26, 2018, at the above hospital C around 03:55 on December 26, 2018, the Defendant discovered that the victim was searching the contact point of the guardian of the defendant in his cell phone in order to release the defendant from the hospital C in order to let the defendant discharge the defendant, and took the victim's own sexual organ back after the victim's own kn's own kn's own kn's own kn't.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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

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

1. Where a conviction becomes final and conclusive with respect to a crime of violation of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities against a defendant who has registered personal information of this case, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43 of the same

The age, occupation, risk of recidivism, motive for committing a crime, method of committing a crime, seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to an order of disclosure or notification, the prevention and effect of sexual crimes subject to registration which may be achieved due to such order, the victim.

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