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(영문) 서울중앙지방법원 2017.08.25 2016고단6745
강제추행
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2, 2016, around 23:24, the Defendant: (a) went through the side of the victim G (n.e., 24 years old) (n) who was suffering from the prime skin fright in the front of Seoul Gangnam-gu Seoul, and called the cell phone; and (b) stated in the written indictment that the Defendant met the right side of the victim’s right side in a single state, as the Defendant could not see the victim’s hacking his hand from the left side side of the victim, while the indictment was corrected ex officio in accordance with the victim’s initial statement (20 pages of the evidence record) and some legal statements.

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

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

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

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act of the choice of punishment, the selection of a fine (the denial of criminal facts, but the contingent crime committed in the influence of alcohol is a contingency, the subsidiary and the mode of conduct, the degree of conduct in the prosecution is relatively minor, and the primary crime, etc.).

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. As to the Defendant’s defense counsel’s assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant’s defense counsel had a mental and physical weakness under the influence of alcohol at the time of committing the instant

The argument is asserted.

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

When 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 in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is the competent agency in accordance with

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