logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.08 2017고단6681
강제추행
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 19, 2017, around 17:00, the Defendant found the Victim F (54 years of age) who was drinking in front of E in Seoul, the Defendant committed an indecent act by force on the part of the Defendant, by finding out the Victim F (54 years of age) who was drinking in front of E, Seoul, and by driving the Victim’s right head with his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (including the background of the crime, the degree and degree of the commission of the crime, the fact that there is no criminal record for the same kind of crime, and the fact that the punishment is against

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. As to the Defendant and his defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and his defense counsel had a mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime

The argument is asserted.

However, Article 10 of the Criminal Act on the Punishment, etc. of Sexual Crimes may not apply where a sexual crime is committed in the state of mental disorder caused by drinking (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Therefore, this part of the assertion

If a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, 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 obligated to submit personal information to the competent agency pursuant to Article 43

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 preventive effects of sexual crimes subject to registration which can be achieved due to such order, and the protection of the victim.

arrow