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(영문) 서울북부지방법원 2017.03.23 2016고단5403
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 21, 2016, around 21:30 on September 21, 2016, the Defendant discovered the Victim F (V, 26 years of age) who was going on the way in front of Dongdaemun-gu Seoul, Seoul, and subsequently, he forced the Victim to commit an indecent act on the part of the Defendant with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the CCTV-recording video CD-related Acts and subordinate statutes to the crime scene;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The conditions of sentencing, which are shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, are below the reasons for sentencing.

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