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(영문) 의정부지방법원 2013.12.12 2013고단3582
강제추행
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 15:40 on June 1, 2013, the Defendant committed an indecent act by force against the victim, such as “I want to see the victim’s D(31 years of age, felling) in the vicinity of the C building in Yangju-si, and I want to see. I want to drink. I want to drink. I want to do so. I want to ambling. I want to continue to drink. I will not want to drink. I want to continue to drink when I want to do so, but I want to see within a year.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The defendant's assertion of the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Act and the defendant alleged that he was in a state of mental disorder or mental disorder under the influence of alcohol at the time of judgment. Thus, according to the aforementioned evidence, the defendant was under the influence of alcohol at the time of committing the crime, but he was found to have no ability to discern things or make decisions.

Since it seems that the defendant and his defense counsel were in a state or weak condition, the above assertion is rejected.

When a conviction on the instant sexual crime subject to the obligation to submit personal information becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012); Article 43 of the Act on Special Cases

The defendant's entrance is due to the age, environment, background leading to the crime, disclosure order or notification order of the defendant.

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