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(영문) 서울북부지방법원 2017.09.28 2017고단3141
강제추행
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On May 2, 2017, around 00:30 on May 2, 2017, the Defendant was seated on the side of the victim E (the age of 19) who was waiting for the bus at the bus stop near the D Station No. 4 located in Seoul Special Metropolitan City, Nowon-gu, Seoul, and brought about the part of the victim while waiting for the bus.

Accordingly, the Defendant committed an indecent act on the part of the victim.

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. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence ( normal consideration, such as the fact that the defendant recognized the crime and reflects the fact that there is no record of criminal punishment, and the fact that the victim agreed smoothly with the victim);

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.

The defendant and his defense counsel asserted that the defendant was under the influence of alcohol at the time of the crime of this case, and that the defendant was under the mental and physical loss or mental weakness due to the depression.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime, the defendant did not have or lacks the ability to discern things at the time of the crime in this case.

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