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(영문) 인천지방법원 2018.04.18 2018고단633

강제추행

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 and the victim B (n, 25 years old) are public officials who work together in C.

On November 12, 2016, the Defendant, at around 03:00, committed an indecent act on the part of the victim, by forcing the victim to use the victim at once, while under the influence of alcohol in the ward No. 1501, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, the residence of D, an employee of the same office, in the living room No. 2, 1501.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes concerning letters and F dialogues;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information pursuant to Article 16(2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, the accused is a person subject to registration of personal information pursuant to 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 the competent agency pursuant to Article 43

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify the accused, in full view of the Defendant’s age, occupation, risk of recidivism, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is the result of the order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

In the light of the view, place, and method of the indecent act on the reason of sentencing, the degree of the indecent act and the crime are caused.