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(영문) 서울중앙지방법원 2014.01.29 2013고단5282
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 16, 2013, at around 22:20, the Defendant entered the “D” main points of Seocho-gu Seoul Metropolitan Government 6th floor of Seocho-gu, and carried a corridor, discovered the victim E (n, 21 years of age) who passed ahead of the her corridor, found the victim’s left her am in his/her hand, her knife, her am in his/her hand, and her am her am in his/her hands, and led the victim to indecent act by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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. The defendant and his defense counsel asserted on the argument of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant asserts to the effect that he was in a state of mental disorder or mental disorder, such as the defendant under the influence of alcohol at the time of crime

However, according to the above evidence, although the defendant was found to have performed drinking at the time of the crime of this case, the defendant did not have the ability or decision-making ability to discern things at the time of the crime, in full view of the background, method, contents of the crime of this case, the behavior of the defendant before and after the crime of this case.

The above assertion by the defendant and his defense counsel cannot be accepted as it seems to be in a state or weak condition.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, disclosure order or notification order of personal information disclosure shall be disadvantageous to the defendant's entrance due to the defendant's age, occupation, risk of recidivism, motive of the crime of this case.

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