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(영문) 서울중앙지방법원 2013.08.14 2013고단3603

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 17, 2013, at around 16:45, the Defendant discovered the victim B (n, 34 years of age) who mast from the opposite part of the Defendant to move from the platform of 9-1 branch in the diving direction outside the Man-dong, Mapo-gu, Seoul, 393 Man-dong, 393 2, to the 6th line, and committed an indecent act by force against the victim by extending back the hand of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

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

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. The defendant asserts that the defendant and his defense counsel's assertion on the provisional payment order under Article 334 (1) of the Criminal Procedure Act had been in a state of mental disorder or mental disorder, such as where he was under the influence of alcohol at the time of the crime in this case.

However, according to the above evidence, although the defendant was found to have a good drinking to a certain extent at the time of committing the crime of this case, the defendant did not have the ability or decision-making ability to discern things at the time of committing the crime, in full view of the background, method, content of the crime of this case, the behavior of the defendant before and after the

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, 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 relevant agencies

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, disclosure order or notification order of personal information disclosure shall be disadvantageous to the defendant's entrance due to the defendant's age, occupation, risk of recidivism, motive of the crime of this case.