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(영문) 서울중앙지방법원 2016.03.25 2015고단8037
강제추행
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 24, 2015, around 00:48, the Defendant forced the victim to commit an indecent act, following the victim D (M, 26 years of age) who was coming from a taxi located in Gwanak-gu in Seoul Special Metropolitan City, in order to attract the victim to both arms, and left the chest to the male-child gu, and forced him to go back to the wall, and forced him to put the victim into the wall.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act for the selection of punishment for a crime (including the choice of punishment for a crime, the payment of six million won to the victim and agreement thereof, and the fact that there is no record of punishment for the same crime and it is against the victim);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The Defendant’s defense counsel’s assertion as to the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime.

According to each of the above evidence, even though the defendant was aware that he had drinking a considerable amount of alcohol at the time of the crime, it seems that the defendant had no or weak ability to discern things or make decisions. Thus, the above assertion is rejected.

If a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, 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 the competent agency pursuant to Article 43

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, order for disclosure or order for exemption from disclosure and notification order.

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