beta
(영문) 인천지방법원 2017.12.13 2017고단7270

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the victim B (n, 19 years of age) who is an elementary school in the same space.

On February 15, 2017, the Defendant, within D main female toilets located in Bupyeong-gu Incheon Metropolitan Government C2, Bupyeong-gu, Incheon on February 15, 2017, taken the gender of the Defendant, following the victim under the influence of alcohol, who is in a state of resistance.

In addition, an indecent act was committed against a victim by taking advantage of the victim's resistance impossible condition by taking into account the circumstances such as the victim, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. A gene appraisal report;

1. Each investigation report (referring to cases of conversations with witnesses, and response to requests for appraisal) and the application of Acts and subordinate statutes;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

The reason for sentencing is not that the nature of the crime in light of the form of the crime in this case and the degree of indecent act, but the defendant recognized the mistake and against it.