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(영문) 서울중앙지방법원 2017.11.22 2017고단6607
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 May 29, 2017, around 23:55, the Defendant found the victim's OO (n, 39 years of age) waiting for a taxi at the entrance of the funeral hall of the D Hospital located in Gangnam-gu Seoul Metropolitan Government, and committed an indecent act by force against the victim by using the victim's humf and humf, by taking the victim's humf and humf behind the victim's back.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on police statements made toO;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Article 10 of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes may not apply to a case where the Defendant appears to have been under the influence of alcohol at the time of the instant crime, but where a sexual crime was committed in the state of mental disorder caused by drinking, the court may choose not to apply the reduction or exemption of punishment (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Whether the Defendant was in the state of mental or physical loss or mental weakness

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are sex offenses subject to registration and submission of new 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 the head of the competent police office pursuant to Article 43 of the same Act.

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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