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(영문) 서울동부지방법원 2015.05.14 2015고단442

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

On August 11, 2014, at around 00:15, the Defendant, while under the influence of alcohol in front of Gangdong-gu Seoul, Gangdong-gu, Seoul, 2014, extended to C (18 years of age) the victim’s chest with his/her hands, and brought the victim into the following.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding the Provisions on Reduction of and Exemption from Liability (Article 10(1) and (2) of the Criminal Act is alleged to the effect that the defendant committed a crime in a state of mental disorder caused by obscing, but Article 10(1)

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, under the influence of alcohol, committed the crime of this case in a contingent manner, and the victim, who wishes to recognize his mistake and reflects that the defendant did not have a previous record of the same kind of punishment, and in other cases, the defendant is subject to registration of personal information and to submit personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the criminal facts stated in the judgment that are subject to registration and submission of personal information, taking into account all the factors of punishment indicated in the records, such as the defendant's age, occupation, character and conduct, family

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effects that the defendant suffers due to the disclosure order or notification order of personal information, and the expected side effects.