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서울동부지방법원 2016.01.29 2015고단3141
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 June 10, 2015, around 22:20 on June 10, 2015, the Defendant walked “D” front of the Seoul Gwangjin-gu Seoul Special Metropolitan City “D,” and committed an indecent act by force against the victim E (the age of 23) on his/her own floor by using the sound section of the victim E (the age of 1, 23).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act of the choice of punishment, and the selection of a fine (including the fact that the criminal defendant acknowledges and reflects his/her mistake, the fact that the criminal defendant agreed smoothly with the victim, the degree of his/her conduct, etc.);

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. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel did not have any memory under the influence of the Defendant at the time of committing the instant crime.

Since the defendant made a statement to the effect that he was in a state of mental disorder, it cannot be seen that the defendant was under the influence of alcohol at the time of committing the crime of this case, but it does not have reached the state of mental or physical weakness or mental loss. Thus, the above assertion is rejected.

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal 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 relevant agency pursuant to Article 43 of

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to it.

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