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(영문) 서울북부지방법원 2013.10.18 2013고단1940
강제추행
Text

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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 20, 2013, at around 01:30, the Defendant committed an indecent act against the victim by tamping and rhuming his knife with knife twice after the victim C(25 years of age, knife, knife, knife, knife in the public toilet in the Gangseo-gu B building.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant alleged that the Defendant was in a state of mental and physical disability under the influence of alcohol at the time of committing the instant crime. As such, the Defendant was aware of drinking at the time of committing the instant crime, but did not have the ability to discern things or make decisions due to such fact.

Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 relevant agencies pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, 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, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be prohibited.

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