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(영문) 서울중앙지방법원 2016.03.25 2015고단8207
강제추행
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 July 4, 2015, around 01:50, the Defendant committed an indecent act against the victim by coercioning the victim G (n, 33 years of age) of the victim G (n, n, n, n, n, n, n, n, n, n, n, n, n, n, n, n, n, n, n, n.

Summary of Evidence

1. Statement by the defendant in court;

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

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. The Defendant and his defense counsel’s assertion as to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

According to each of the above evidence, even though the defendant was aware that he had drinking a considerable amount of alcohol at the time of the crime, it seems that the defendant had no or weak ability to discern things or make decisions. Thus, the above assertion is rejected.

When a conviction on a sex offense subject to registration of personal information is confirmed to be convicted of a sex offense subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, it is obligated to submit personal information to the competent agency in accordance with Article 43 of the same Act, inasmuch as the degree of damage caused by 0 indecent acts is not serious and the degree of damage caused by 0 indecent acts is the first offender.

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, disclosure order or notification order of the defendant exempted from disclosure order and notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance, and the registration that can be achieved due to such order.

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