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(영문) 인천지방법원 부천지원 2016.04.06 2015고단3539

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is between the victim C (ma, 56 years old) and the neighbor.

On October 29, 2015, around 07:00, the Defendant committed an indecent act by force against the victim on two occasions, on the road near the E market located in Seocheon-gu, Seocheon-gu, Seocheon-si, by driving the victim on his own Fone Star Sheet, and on the road in his own Fone Star Sheet to move into the steering house.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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 fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, in light of the fact that there is no criminal record against the defendant, that the defendant led to the crime of this case and shows his misunderstandings, that the time of his / her misunderstandings in detention appears to have existed, and that the circumstances of Article 51 of the Criminal Act are considered, the punishment shall be determined as ordered by the court.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 head of the competent police office pursuant to Article

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed.