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(영문) 서울북부지방법원 2018.01.25 2017고단4456
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 13, 2017, around 02:20 on August 13, 2017, the Defendant committed an indecent act by force against the victim E (the named name, the age of 22) who was a part-time employee of the victim E (the age of 22) at the location of the 1st class D film theater underground of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City building.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The main sentence of 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.

(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The sentencing conditions that are shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same way as the order.

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