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(영문) 서울중앙지방법원 2014.06.20 2014고단2893
준강제추행
Text

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

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

Reasons

Punishment of the crime

On December 27, 2013, at around 05:14, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disorder or state of escape, such as discovering the victim D (the victim’s 22 years of age) who was divingd in the C Sarina’s public waters room for men and women in Jongno-gu Seoul Metropolitan Government, and taking advantage of the victim’s mental disorder or state of escape.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a photographic act and a criminal investigation report (related to the investigation of CCTV images), CDs of CCTV data in front of the C private rain or the camera, C private rain, or CCTV video data inside the joint waters room, as well as a photographic act and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 (Selection of Punishment of Fines)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s assertion on the Defendant’s assertion of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is alleged to the effect that, under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental or physical disability or mental disability. Thus, according to the above evidence, the Defendant was found to have drinking at the time of the instant crime, but was found to have

Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime subject to registration and submission of personal information, 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

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information shall be disadvantageous to the defendant due to his age, occupation, risk of recidivism, method and seriousness of the crime, and order of disclosure or notification.

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