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(영문) 서울서부지방법원 2020.10.28 2020고정884
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 3, 2019, around 23:10 on December 3, 2019, the Defendant committed an indecent act by the victim D (the victim's name, female, and age 25) who is an employee of the above main hotel C in Yongsan-gu Seoul Metropolitan Government, with his hand under the order of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, character and conduct, and environment, shall be determined as ordered in consideration of the reasons for the sentencing.

Unfavorable circumstances: The defendant committed an indecent act against the victim who is the main employee.

In light of the nature and degree of indecent act, the nature of the crime is not easy.

The favorable circumstances shows the attitude of the defendant to reflect on the confession of the crime.

The defendant has no record of criminal punishment for the same kind.

When a conviction on a crime of indecent act by compulsion in the judgment that is a sex offense subject to registration and obligation to submit 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 head

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, details and circumstances of the crime, method and consequence of the crime, seriousness of the crime, criminal records, disclosure order and notification order, the degree and anticipated side effects of the disadvantage to be borne by the Defendant due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof.

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