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(영문) 서울북부지방법원 2013.09.13 2013고단1913
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 19, 2013, around 22:25, 2013, the Defendant forced the victim E (the 30-year-old) of the victim E (the 30-year-old-old-old-old-old) who kidd the main direction of the “D” located in Seoul Special Metropolitan City, Nowon-gu, to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;

1. As to the Defendant’s assertion of suspension of sentence (see, e.g., Article 59(1) of the Criminal Act (a) and defense counsel’s assertion, the Defendant alleged that he was in a state of mental and physical disability under the influence of alcohol at the time of the instant crime, and thus, the Defendant did not have the ability to discern things or make a decision, even though he was aware that he had drinking at the time of the instant crime.

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

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information stipulates that a person who is finally convicted of a sex offense subject to registration becomes a person subject to registration of personal information.

However, this court has a duty to suspend the sentence of the defendant, and the defendant is obligated to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.

The age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration which can be achieved due to it, and the effect of protecting the victim.

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