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(영문) 서울서부지방법원 2019.05.29 2019고정251
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B(n, 23 years of age) are university motives.

On May 12, 2018, at around 09:50 on May 12, 2018, the Defendant committed an indecent act by force, such as: (a) taking advantage of the victim’s state of difficulty to resist; (b) taking the kneep into the victim’s clothes; (c) getting out of the part part of the victim’s clothes; and (d) getting out of the part of the victim’s body and getting out of the body, thereby sustaining the victim’s body closely harming the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. B written statements;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (a letter exchanged with a defendant who has filed a complaint after submitting the complaint);

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency under

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 of disadvantage for the Defendant to be affected by the order, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall be given to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection, etc. of Children

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