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(영문) 서울중앙지방법원 2013.10.30 2013고단4908
준강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 21, 2013, at around 23:00, the Defendant discovered the victim E (the age 24) who is unable to wear the body due to alcohol in the direction platform of the D Station 2 in Jung-gu Seoul, Jung-gu, Seoul, the Defendant committed an indecent act against the victim, such as: (a) discovered the victim E (the age 24) who was under the influence of alcohol; (b) opened the victim's head next to the victim by taking advantage of the victim's failure to resist; (c) kid the victim's head; (d) kid the victim's entrance; (d) put the victim into the victim's hand; and (e) bucks of the victim; and (e) bucks of the victim by taking the victim's seat onto the victim's seat in a non-distance and narrow manner.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 299 and 298 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine to be imposed (such as the first offender who has no criminal history of the defendant, and the fact that his mistake is recognized and his depth is reflected);

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period by which 50,000 won is converted into one day);

1. Article 59(1) of the Criminal Act on Special Cases Concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes, which are a sex offense subject to registration, provides that the conviction of a person subject to registration becomes final and conclusive. Article 42(1) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration, provides that a person subject to registration of personal information is subject to registration.

However, the court has suspended the sentence against the accused, and the accused is punished for sexual crimes when the suspended sentence of this case is invalidated in accordance with Article 61(1) of the Criminal Act.

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