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(영문) 서울중앙지방법원 2016.09.28 2016고단4533
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 29, 2016, around 22:06, the Defendant 22:06, followed by the victim D (M, 26 years of age) who was walking on a telephone conversation at the front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C, brought the victim into the victim with both snows of the victim.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. A criminal investigation report (a report on an investigation into the project to the right side of the person under suspicion and the use of the water by the defendant and his/her defense counsel) (the defendant and his/her defense counsel shall not be memory under the influence of alcohol at the time of committing

I asserts to the effect that he was in a state of mental or physical loss or mental weakness.

In light of the records, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, it cannot be seen that he had no or weak ability to discern things or make decisions due to the fact that he had drinking alcohol at the time of the crime of this case. Thus, the above assertion is rejected.

Application of Statutes

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

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

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

1. Where the conviction of the accused is finalized on the facts constituting a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused becomes 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 competent agency pursuant to Article 43

The defendant's risk of repeating the crime of this case, the background and method of committing the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the protection effect of the victim.

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