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(영문) 인천지방법원 부천지원 2018.09.05 2018고단1970

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the "C" business in Bupyeong-si, and the victim D (n, 22 years of age) is an employee.

On May 23, 2018, the Defendant, at around 00:30 on May 23, 2018, worked in the first floor room of the “C,” and tried to use the kisscing of the victim, who completed his/her duties, and kiscing him/her, and kisced him/her as the victim so kisced.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph (afusing the contents of E dialogue);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes:

- The defendant seems to have distorted perception of sex.

The victim committed an indecent act by entering the escape room where the victim took clothes on the ground that he/she's age is good for the victim.

- The degree of conduct is not less light, and the victim duplicated, insulting, or duplicated.

It seems that mental impulses were very serious.

- The Defendant has been punished for a fine due to an act of very similar nature in 2006.

- In response to the victim's response to the problem raising, the investigative agency did not seem to properly reflect the victim's response.

In this court, the attitude of recognizing and understanding the wrong was shown.

- There is no past record of punishment exceeding the fine prior to the instant case.

- agreed with the victim.