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(영문) 서울중앙지방법원 2014.01.22 2013고단7744
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 20:40 on October 8, 2013, the Defendant committed an indecent act by force against the victim F (In this case, 23 years old) who is going to the west point of “E” in front of the subway No. 4 subway lines D & 1st underground floor toilets in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the F and G respective Acts and subordinate statutes to the statement;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The defendant asserts that the defendant and his defense counsel's assertion on the provisional payment order under Article 334 (1) of the Criminal Procedure Act had been in a state of mental disorder or mental disorder, such as not memory under the influence of alcohol at the time of the crime in this case.

However, according to the above evidence, although the defendant was found to have a good drinking to a certain extent at the time of committing the crime of this case, the defendant did not have the ability or decision-making ability to discern things at the time of committing the crime, in full view of the background, method, content of the crime of this case, the behavior of the defendant before and after the

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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 relevant agencies

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, and the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information disclosure order, and the accused's age, occupation, risk of recidivism, motive of the crime in this case.

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