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(영문) 서울동부지방법원 2019.02.15 2018고단4118
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 23:45 on October 26, 2018, the Defendant discovered the victim D (one, half, and 27 years of age) in front of the Defendant from the subway No. 7 subway Line C, No. 5 in Gwangjin-gu Seoul Special Metropolitan City, and confirmed that there is no other person than the victim and the Defendant, and then, confirmed that he was in front of the Defendant, the Defendant forced the victim to commit an indecent act by force by taking the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to D;

1. The investigation report (No. 3) No. 1;

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

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his defense counsel asserted that he was in a state of mental disorder that lacks the ability to distinguish the judgment by drinking alcohol at the time of the crime in this case. Thus, according to the records, the defendant's drinking at the time of the crime in this case is found to be in a state of lacking the ability to discern things or make decisions. Thus, the above argument is not accepted.] Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from Public Notice Order, Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant's age, occupation, risk of repeating the crime in this case, motive, method of the crime in this case, seriousness of the crime, disclosure order or notification order, etc., which can be achieved as a result of registration disadvantageous effects and expected side effects of the defendant's injury.

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