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(영문) 서울중앙지방법원 2017.03.17 2016고단9015
준강제추행
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 14, 2016, at around 07:55, the Defendant, a subway 2, a subway 42, located underground along the entrance zone of the subway 42, a subway 2, located underground along the king-ro, Jung-gu, Seoul, Seoul, opened several times to the right shoulder of a female victim, who was unable to know that he/she was seated on the left side of the Defendant, and turned down the kne part of the victim with his/her left hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding the crime, the choice of a fine (including parts and degree of conduct in the prosecution, behavior of conduct in the prosecution, confession and reflect on the crime, and the fact that there is no record of criminal punishment, 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 Defendant’s defense counsel’s assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant’s defense counsel had a mental and physical weak condition due to the symptoms and mental retardation at the time of committing the instant crime.

The argument is asserted.

According to the above evidence and the defendant's statement of opinion submitted by his defense counsel, the above evidence is acknowledged as having been subject to pharmacologic treatment due to the symptoms of Chon's symptoms from July 2016, and it does not seem that the defendant lacks the ability to discern things at the time of committing the crime of this case, and thus, the above assertion is rejected.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes 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 Article 43 of the same Act

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