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(영문) 광주지방법원 2018.10.31 2018고정916
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 12, 2018, around 11:30 on June 12, 2018, the Defendant used the victim E (V, 26 years of age) in D stores in his/her own possession and used the female’s view as his/her hand against his/her will, and she was able to cover the shoulder.

In order for the victim to avoid this and avoid the place to another place, the victim gets the arms followed by the string of the defective female, and used the side gate and string as his hand, and made an indecent act by force by breaking the string of the string.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E and F;

1. Application of ctv video CD-related Acts and subordinate statutes at the time of committing the crime;

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

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant was in a mental and physical state at the time of committing the instant crime.

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, the Defendant, at the time of being investigated by the police after the instant crime, testified in the process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, was in a state that the Defendant did not have the ability to discern things or make decisions.

Therefore, we cannot accept the defendant's above assertion.

Where a judgment of conviction becomes final and conclusive against a defendant on the facts constituting an offense on which he/she has ordered to register and submit personal information, 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 a related agency

The exemption of order to complete program is old, suffering from dementia, making it difficult to achieve normal educational effects due to order to complete program.

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