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(영문) 서울북부지방법원 2017.10.19 2017고단3087
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 19, 2017, between 23:50 on June 19, 2017 and 23:59 on the same day, the Defendant reported the victim D (n, 21 years old) who was under the influence of alcohol in front of Seongbuk-gu Seoul, and tried to hick the victim's left arms with his/her left arms, and tried to pressure the victim's head with his/her hands.

Since then, the Defendant committed an indecent act against the victim who resisted this, by putting the victim’s bath, “I am bling, I am bling, I am bling, I am bling, I am.”

Summary of Evidence

1. Statement by the defendant in court;

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

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. 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.

(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the Defendant’s act before and after the crime, it seems that the Defendant had no or weak ability to discern things at the time of the crime in this case, under the influence of alcohol.

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