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(영문) 서울북부지방법원 2017.12.21 2017고단3959
강제추행
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On August 4, 2017, at around 23:20, the Defendant, in front of the 'D' restaurant in Gyeyang-gu Incheon Metropolitan City, sent the sexual part of 'D' E (28 years old) of the victim E (28 years old), which was flicked by hand, and continued to be the hand floor of the victim F (n, 43 years old) which was flicked as above.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The defendant and defense counsel asserted that the defendant had mental and physical loss or mental weakness under the influence of alcohol at the time of each of the crimes in this case.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime committed by each of the above evidence, it cannot be deemed that the defendant was unable to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and thus, the above assertion is acceptable.

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