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(영문) 춘천지방법원 원주지원 2013.07.24 2013고단325

강제추행

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 30, 2013, at around 14:15, the Defendant committed an indecent act by force against the victim by her hand on the left side of the victim E (n, 27 years of age) who was coming back from the victim’s pharmacy located adjacent to the Plaintiff’s D pharmacy located in the Kuju-si Building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act is alleged to the effect that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime of this case. Thus, according to the records, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but there was no ability for the defendant to make a decision or decision on the ability to discern things in light of the circumstances of the crime of this case, the method and method of the crime

The defendant and his defense counsel's mental and physical disability cannot be accepted as it seems to be in a state or weak condition.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that are subject to the registration of personal information, 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 police office having jurisdiction

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.