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(영문) 의정부지방법원 2013.07.25 2013고단902
강제추행
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On April 12, 2013, around 23:15, the Defendant discovered the victim D (21 years of age, and 30 meters followed by the victim. On April 12, 2013, the Defendant: (a) opened one hand to the victim waiting for the elevator burner from the first floor of the above apartment house 102, 102, to prevent the victim from being injured; (b) forced the victim; and (c) led the victim from other hand to the victim’s body that the victim might live; and (d) led the victim out.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on investigation reports (as to the verification ofCCTV);

1. Article 298 of the Criminal Act applicable to the crimes;

1. The Defendant and his defense counsel asserted that the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the instant crime. Thus, in light of the circumstances revealed through the aforementioned evidence, the method and method of the crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant crime.

Since it seems that the defendant and the defense counsel were in a state or weak condition, the above assertion is rejected.

When a conviction on the instant crime subject to the submission of personal information becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); thus, Article 5(1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012) and Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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