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(영문) 서울북부지방법원 2012.11.09 2012고단1756
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A and the victims C(31 years of age, women) are customers who are in each singing room, and they are not aware of each other.

On July 11, 2012, around 23:05, the Defendant intending to go to the toilet in the corridor located in Dongdaemun-gu Seoul Metropolitan Government “Enoman Bank” D, and committed an indecent act on the part of the Defendant by forcing the Defendant to put his her son in her brut after the victim’s brut, by inserting her hand, and inserting her brut in his brut in his brut.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on statutory testimony of witnesses C;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a fine (including the primary crime, the fact that the crime is deemed to have been committed by accident after drunk, the degree of indecent act, etc.);

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that the Defendant’s hand was only one another in C and singing corridor, but the Defendant’s hand was not sufficient with C’s intent to commit an indecent act. However, in full view of the evidence submitted by the prosecution, such as C’s statement, it is recognized that the Defendant was able to take hand in the toilet from the victim C’s back that the Defendant was intending to go in the toilet to sing room. Accordingly, according to this, it is determined that the Defendant intentionally committed an indecent act with his intention to commit an indecent act, and thus, the Defendant’s above assertion is rejected.

Where a conviction becomes final and conclusive against a defendant who has registered personal information in this case, which is a sexual crime subject to registration, the defendant is a person subject to registration of personal information pursuant to Article 32 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

However, the disclosure order and notification order of registered information need to be prudent in that they may have a serious impact on the rehabilitation of the defendant.

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