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(영문) 서울서부지방법원 2015.02.04 2014고단2958

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 05:00 on August 14, 2014, the Defendant demanded the Victim E (35 years of age) who drinks mixed alcohol at the “D” drinking house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to do so. The Defendant’s refusal to stop the victim who seeks to take toilets as a toilet, followed the victim’s chest and fluids by making the victim’s chest and her breast and her breast the victim’s finger the floor of hand, and committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Penalty of one million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (one day conversion: one hundred thousand won);

1. As to the defense counsel’s assertion under Article 59(1) of the Criminal Act (i.e., age, character and conduct, family environment, motive for committing the instant crime and method of punishment), the defense counsel asserts to the effect that the Defendant was in a state of mental and physical disability under the influence of alcohol at the time of committing the instant crime. As such, according to the above evidence, it is not deemed that the Defendant was aware of the fact that he had drinking alcohol to a certain extent at the time of committing the instant crime, but did not have the ability to discern things or make decisions.

In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the provisions on mitigation under the Criminal Act shall not apply to sexual assault crimes in the state of mental disorder caused by drinking or drugs. In this regard, the defense of counsel is without merit.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to

except that the defendant.