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(영문) 서울중앙지방법원 2018.11.07 2018고정1791
강제추행
Text

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

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

Reasons

Punishment of the crime

around 18:45 on April 28, 2018, the Defendant would make an additional order in the “D cafeteria” of the first floor in Jongno-gu Seoul Metropolitan Government Jongno-gu.

At the same time, the victim E (n, s, and string) who is an employee of the above store, and the victim was able to commit an indecent act by using the victim's left side hand with the victim's own right hand at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning moving pictures at the D cafeterias;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on the crime of indecent act committed in the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act 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 the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to an employment restriction order, the prevention of the sex offense subject to registration that may be achieved, and the effect of protecting the victims, there are special circumstances in which the disclosure of personal information should not be disclosed and the employment restriction order should not be issued.

Therefore, pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso, Article 50(1) proviso, and Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, an order to disclose, notify, and restrict employment to the accused.

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