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(영문) 서울중앙지방법원 2018.06.07 2018고정349
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was in the third degree of intellectual disability, which lacks ability to discern things or make decisions.

On September 26, 2017, around 18:40 on September 26, 2017, the Defendant first put on the victim D (the 19 years of age, women, and Brazil) at the street in front of the exit No. 6 of the Seoul Jongno-gu subway No. 1, Jongno-gu Seoul subway No. 3344, May 26,

"Abregingly, the two arms towards the victim were sponsed in two parts, and the victim was forced to commit an indecent act in a way that the victim's right tacks the victim's right turb, so far as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports and investigation reports by the police;

1. Application of Acts and subordinate statutes to photographs to extract CCTV images before and after crimes;

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

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, 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 the relevant agency pursuant to Article 43 of

When comprehensively considering the risk of recidivism, the type, motive, content, and consequence of the crime, the degree and expected side effect of the defendant's suffering, the prevention of the sex crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc. of the defendant exempted from the disclosure of personal information, the personal information shall be personal information pursuant to Articles 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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