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(영문) 서울서부지방법원 2014.10.29 2014고단2155

강제추행

Text

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

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

Reasons

Punishment of the crime

At around 04:00 on March 10, 2014, the Defendant committed an indecent act on the part of the victim E (the 19-year-old) who passed the corridor passage at the “D’s age club located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, by committing an indecent act on the part of the female.

Summary of Evidence

1. Defendant's legal statement;

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. 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 defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act is asserted to the effect that the defendant was in a state of mental disorder or mental disorder by drinking alcohol at the time of the crime of this case. Thus, according to the above evidence, it cannot be viewed that the defendant was aware that he had a certain degree of drinking alcohol at the time of the crime of this case, but it cannot be seen that the defendant had a weak ability to discern things or make decisions. Thus, the above argument is rejected.

The reason for sentencing is that the defendant has no criminal record of the same kind, and all kinds of conditions of sentencing, such as the defendant's age, character and conduct, family environment, motive and method of the crime, circumstances after the crime, etc., shall be equally considered in determining the punishment as the disposition.

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 Article

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, and the age, occupation, risk of recidivism, motive of the crime in this case.