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(영문) 서울중앙지방법원 2016.07.01 2016고단642
강제추행등
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 25, 2015, around 21:15, the Defendant discovered the victim E (Woo, age 45) who walked in the front road of the Seocho-gu Seoul Metropolitan Government D building, and tried to use the body body of the victim by both arms.

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. Relevant Article of the Criminal Act and Article 298 of the Criminal Act for the selection of a punishment for a crime (the election of a punishment, the degree of conduct and the exercise of tangible force, and consideration, such as the absence of the same criminal record and the reflection thereof);

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. The defendant's defense counsel's assertion on the defendant's defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order asserts to the effect that the defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

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

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 punishment of sexual crimes shall be punished in light of the full consideration of the defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated 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 may be achieved therefrom, the effect of protecting the victim, etc.

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