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(영문) 서울서부지방법원 2020.01.22 2019고단2951
강제추행
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On July 18, 2019, at around 01:15, the Defendant turned back the victim’s left hand in front of the Mapo-gu Seoul Mapo-gu B hotel. On July 18, 2019, the Defendant turned down the victim’s left chest by extending back the victim’s left hand.

2. On July 18, 2019, at the front of the Seoul Mapo-gu D Building on July 18, 2019, the Defendant passed by the side of the victim (influor, fluor) of the name influorite (influor, fluor) who was protruding from the Defendant’s opposite part of the Defendant’s building, and the victim’s her her her sent

Accordingly, the defendant committed an indecent act against the victims on a total of two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to C (tentatively named)

1. Application of the Acts and subordinate statutes to investigation report ("B hotel" and its neighboring site investigation, CCTV and track track tracking investigation, and CCTV image verification in the course of committing crimes);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes prescribed in paragraph (2) of the same Article concerning the crime of which the punishment is heavier than the punishment);

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

1. The reason for sentencing under 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 Act on Welfare of Persons with Disabilities, the Defendant, at the Seoul Northern District Court on September 8, 2017, sentenced the Defendant to a suspension of the execution of one year and six months on September 16, 2017, which became final and conclusive on September 16, 2017. On October 19, 2018, the Seoul Northern District Court sentenced the Defendant to a suspension of the execution of six months of imprisonment for larceny and six months of the suspension of the execution of the sentence, which became final and conclusive on October 27, 2018, committed each indecent act by force.

In addition, the degree of such indecent act is not easy.

There is little possibility of criticism against the defendant.

except that of the defendant.

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