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(영문) 서울북부지방법원 2013.11.20 2013고단2234

강제추행

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 12:00 on August 3, 2013, the Defendant was under the influence of alcohol in a farming house located in Chungcheongbuk-gun C, Chungcheongnam-gun, Chungcheongnam-do, by using a cresh in which the victim D (inn, 53 years of age) was living in the kitchen in the kitchen, let the victim humbly humbly and humbly humbly humbly humbly humbly humbly humbly humbly humbly hump, and humbly humbly humbly h

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant alleged that he was in a state of mental disability under the influence of alcohol at the time of the instant crime. As such, the Defendant was aware that he had drinking at the time of the instant crime, but did not have the ability to discern things or make decisions due to this, even though he did not have the ability to discern things at the time of the instant crime.

Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 is obligated to submit personal information to relevant agencies pursuant to Article 43

The age, occupation, risk of recidivism, type of crime in this case, motive, process, 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, the preventive effect of sexual crime subject to registration which can be achieved due to it, and the effect of protecting the victim.