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(영문) 광주지방법원 2014.02.14 2013고단5583
강제추행
Text

A fine of three 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

At around 03:00 on October 20, 2013, the Defendant d (nivers, 19 years of age) together with the victim D (nivers) at the house located in Gwangju North-gu, Gwangju, the Defendant kived the victim’s kivers by taking the victim’s hand, and kived the victim’s sexual flag, the victim was behind, and the Defendant was her back, and she was placed on the victim’s kives. To avoid this, the Defendant lying the victim’s sexual flag on the victim’s kives kives from the victim’s body to walk on the part of the victim’s body. In order to avoid this, the Defendant kived the victim’s chest by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, and thus, according to the police interrogation protocol against the Defendant, the Defendant was aware of drinking at the time of committing the instant crime, but it does not seem that the Defendant lacks the ability to discern things or make decisions. Accordingly, the Defendant’s assertion is rejected.

Where the conviction of this case against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with 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

However, in light of the fact that the defendant has no criminal record of the same kind, it is judged that there is a special reason that the disclosure of personal information should not be disclosed, so it does not order the disclosure of registered information.

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