logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.10.08 2014고단366
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 10, 2014, around 22:40 on January 10, 2014, the Defendant: (a) included the victim’s hand in the stairs of the Enonode bank building located in Mapo-gu Seoul Metropolitan Government (n, 29 years of age) and committed an indecent act by force against the victim by inserting the victim’s bucks and bucks.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Part of each legal statement of the witness H and I;

1. The police statement concerning F;

1. Investigation report (to hear statements by H phone);

1. Application of the CDA-TV Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

1. The Defendant’s assertion of mental and physical disorder under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order may assert that the Defendant was in a state of mental and physical disorder under the influence of alcohol

However, in light of the background, means and methods of the instant crime, and the Defendant’s conduct before and after the instant crime, it is recognized that the Defendant was somewhat under the influence of alcohol at the time of the instant crime, and it does not seem that the Defendant did not have or lacks the ability to discern things or make decisions.

Therefore, the defendant's assertion is without merit.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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 relevant agencies

In light of the Defendant’s age, occupation, risk of recidivism, motive, method and 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 prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., the Act on the Punishment, etc. of Sexual Crimes shall be comprehensively considered.

arrow