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(영문) 서울중앙지방법원 2019.06.11 2018고정2021
강제추행
Text

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

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

Reasons

Criminal facts

피고인은 2018. 5. 17. 03:20경 서울 관악구 B에 있는 ‘C’ 식당 안에서 피해자 D(여, 24세)의 손을 잡아당긴 뒤 피해자의 손을 혀로 핥아 추행하였다.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

2. The police statement of E;

3. Application of F’s written Acts and subordinate statutes;

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 accused is obligated to submit personal information to the head of a competent police office pursuant to Article

In full view of the Defendant’s age, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure notification and employment restriction order, the degree of disadvantage and anticipated side effects to be inflicted on the Defendant due to the crime subject to registration, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc. of the Defendant’s exemption from the disclosure of personal information and the employment restriction order, it is determined that there are special circumstances that may not disclose and notify personal information or restrict employment pursuant to the proviso to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse

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