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(영문) 서울남부지방법원 2015.01.16 2014고단4043
강제추행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 13, 2014, the Defendant, around 01:0 on September 13, 2014, committed an indecent act on the part of the victim D, who walked his place in front of the Geumcheon-gu Seoul Metropolitan Government Building, only once, with his her mock.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The defendant and his defense counsel asserted that "the defendant was in a state of mental disorder by drinking at the time of committing the crime in this case" under Article 334 (1) of the Criminal Procedure Act. Thus, according to the evidence of the judgment, the defendant is found to have been in a state of drinking at the time of committing the crime, but considering the defendant's behavior before and after committing the crime, the defendant's ability to discern things or make decisions cannot be seen to have reached a state of lacking ability or weak ability to discern things. Thus, the above assertion is rejected.

The grounds for sentencing are as follows: (a) the degree of indecent act committed by the instant crime; (b) the accused has no record of being punished for the same kind of crime; and (c) the confession of the instant crime; and (d) the background, means, methods, and results of the instant crime.

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission 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 a related agency pursuant to

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, seriousness of the crime, order of disclosure or notification of personal information is the defendant's age, occupation, risk of recidivism.

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