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(영문) 수원지방법원 2013.10.30 2013고단3768
강제추행
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a foreigner of nationality of the Philippines.

On May 5, 2013, the Defendant reported on the fact that the victim C (the age of 22) was in charge of a mobile phone at the 1st floor underground floor of the water station station located in Suwon-si, Suwon-si, Suwon-si, 10:5. 5. 21:10, the Defendant asked the victim whether he is in the Republic of Korea or in the English language, and made an indecent act by force on the part of the victim's left elbbbow part by asking whether he is in the Republic of Korea or in the English language.

Summary of Evidence

1. Defendant's legal statement;

1. Statement hearing records and petition filed against C;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts to the effect that the Defendant was in a state of mental disability as he was under the influence of alcohol at the time of committing the instant crime, which led to the conclusion that the Defendant was in a state of mental disability.

According to the examined evidence, the defendant's drinking at the time of the crime of this case is recognized as having a drinking, but it seems that the defendant lacks the ability to discern things or make decisions due to drinking, and thus, it is not acceptable to accept the claim of mental or physical disability.

A judgment of conviction on the facts constituting a crime on which the personal information is registered becomes final and conclusive, and 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 obliged to submit personal information to

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the punishment of a sexual crime shall be punished.

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