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(영문) 서울북부지방법원 2016.03.24 2015고단4541
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 8, 2015, at around 23:40, the Defendant: (a) reported the victim E (the 28 years old) who walked along with his/her daily activities in the vicinity of D, Gangnam-gu, Seoul; and (b) followed by the following: (c) when he/she went to the front of the F, Seoul Northern-gu, the Defendant got to the left side of the victim.

Accordingly, the victim's ppuri and the defendant committed an indecent act by force against the victim by continuously putting the victim's arms in and attracting them.

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. 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.

The Defendant asserts that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

Although the Defendant was in a drunken state at the time of committing the instant crime, in light of various circumstances, such as the background, means, details of the instant crime, and the Defendant’s behavior before and after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

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