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서울중앙지방법원 2014.01.16 2013고단7026

강제추행

Text

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

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

Reasons

Punishment of the crime

On October 22, 2013, around 22:00, the Defendant, at the main point of “F” near the subway E Station in Seocho-gu Seoul Metropolitan Government, carried out drinking and drinking together with the victim G (n, 30 years of age) and drinking that became aware of the preceding day. On the same day, around 23:30 of the same day, the Defendant moved along the Defendant’s vehicle to the I parking lot located in Seocho-gu Seoul Metropolitan Government H.

The Defendant divided the victim’s talk at a certain place, putting the shoulder of the victim who was seated on the front line on the wall of the victim, suppressing the victim’s body, and, at the same time, putting the victim’s fingers into the part of the victim’s body, putting the victim’s fingers with the part of the victim’s body, putting the victim’s knife on the part of the victim’s boom, and putting the victim’s brue on the part of the victim’s brue, and brue the victim’s chests by force

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, in cases where the defendant is subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, by mutual consent with the victim on the grounds of sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such order.