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(영문) 서울서부지방법원 2016.02.17 2014고단3435
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2014, around 09:20 on October 20, 2014, the Defendant committed an indecent act by compulsion against the victim F (V, 25 years of age) who is divided into E and talks with the above drinking content at the drinking house located in Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police for E;

1. The defendant's defense counsel's assertion on the F's written statement argues that he was in a state of mental and physical weakness under the influence of alcohol at the time of the crime of this case. Thus, according to each of the above evidence, even though the defendant was found to have drinking at the time of the crime of this case, it cannot be seen that the defendant had weak ability to discern things or make decisions. Thus, the above argument by the defendant cannot be accepted.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that the defendant has no record of punishment for the same kind, and the fact that he has agreed with the victim);

1. Where a conviction on a sex crime subject to the registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration, and the protection of the victim.

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