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(영문) 수원지방법원 2013.11.21 2013고단4644
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 14, 2013, around 21:05, the Defendant discovered the Victim C (M, 47 years of age) at the Northwest-gu 285-8, Suwon-gu, Suwon-si motion picture 285-8, and drinked the Victim C (M, 47 years of age) to force indecent act by force. The Defendant, like the Victim C, committed an indecent act by force, by putting the Victim’s left arms up three times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. As to the assertion of the defendant and his defense counsel under Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation, the defendant and his defense counsel asserted that the defendant had weak ability to discern things at the time of the crime in this case.

In light of the records, although the defendant was aware of drinking prior to the crime of this case, it cannot be seen that the defendant lacks the ability to discern things due to the fact. Thus, the above assertion by the defendant and the defense counsel is rejected.

A judgment of conviction on the facts constituting a crime on which the personal information is registered becomes final and conclusive, and 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 obliged to submit personal information to

The age, occupation, risk of recidivism, motive, progress and 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 and effect of sexual crimes subject to registration which can be achieved due to it, and the protection of the victim.

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