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(영문) 서울중앙지방법원 2015.09.23 2015고단3936
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 3, 2015, the Defendant was sentenced to five years of imprisonment with prison labor for rape in the Seoul Central District Court, and the said judgment became final and conclusive on July 11, 2015.

On October 25, 2014, around 00:20, the Defendant committed an indecent act on the left-hand side of the victim by hand, following the victim D (n, 32 years of age) who had been drinking in the Heung-gu, Young-gu, Young-gu C around 00:20.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous convictions: Application of written judgments and certified fixed date Acts and subordinate statutes;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is the confession and reflect of the crime in this case. The crime in this case is the concurrent relation between the crime resulting from rape and the crime resulting from bodily injury resulting from rape for which a judgment has become final and conclusive, and the case and equity shall be judged at the same time, taking into account other circumstances, comprehensively taking into account the defendant’s age, character and conduct, family relation, environment, occupation and circumstances after the crime, etc., and the conditions for sentencing as shown in the

Where a judgment of conviction against a defendant on a crime subject to 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 exemption of order to complete a program does not facilitate communication in the Korean language with foreigners of Mongolian nationality, and this court has been sentenced to five years of imprisonment due to the crime of injury resulting from rape, and it seems that the imposition of order to complete a program is not effective in view of the fact that there is a high possibility of deportation after the completion of punishment in accordance with the Immigration Control Act.

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