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(영문) 서울북부지방법원 2017.02.09 2016고단3893
강제추행
Text

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

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

Reasons

Punishment of the crime

On April 27, 2016, around 12:10 on April 27, 2016, the Defendant committed an indecent act by force against the victim E (the age of 25) who was waiting for the pedestrian signal at the crosswalk in front of the “Dmun” located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Statement made by the police for E;

1. A criminal investigation report (a description of the suspect) (a victim's investigative agency and a statement in this court shall be deemed to be reliable;

Therefore, according to each of the above evidence, the defendant's act may be acknowledged as having been committed, and the defendant's act may cause sexual humiliation or aversion in light of social norms, and infringed the victim's sexual freedom as an act contrary to good sexual morality.

Since it is reasonable to see that it constitutes an indecent act prescribed in the crime of forced indecent act, and the defendant can also be fully recognized as the intention of indecent act).

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In conclusion, the defendant and his defense counsel regarding the defendant's assertion are in the state of loss of mind and body due to awareness disorder at the time of the crime of this case.

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