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(영문) 인천지방법원 부천지원 2018.07.04 2018고단593

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is a space between the victim C (n, 55 years of age) and the victim.

1. On January 2016, the Defendant committed an indecent act by force against the victim, such as the victim, who parked the uriera in the middle line of the E pharmacy located in the Yacheon-gu, Nowon-gu, 2016.

2. On July 12, 2017, the Defendant: (a) committed an indecent act by force against the victim, on the part of the victim, such as taking the victim’s bath, booming the body of the victim in two arms after the victim’s back, preventing resistance; and (b) moving the breast part into his/her hands, on the part of the victim; and (c) committed an indecent act by force, on the part of the victim, within “G secondhand in the Y-gu Seoul Special Metropolitan City, Seocheon-si.”

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of C’s written laws and regulations

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (which shall be deemed difficult to complete due to intellectual disabilities);

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The content of the instant indecent act is active and significant.

Although the victim is extremely poor, it is very poor that the victim has committed an indecent act continuously.

- are crimes committed twice against the same victim.

The victim was made a great sense of sexual humiliation, fear, aversion, and insult, and was frighten of mental impulse.

The injured person wanted to punish the defendant.

- The Defendant was the first offender with no criminal history, and was found to have erred from the prosecution stage.

- It is class 3 of intellectual disability and such intellectual disability is in this case.