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(영문) 인천지방법원 2018.09.03 2018고단4421

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

On February 19, 2018, the Defendant made an indecent act by force against the victim E (the title, 19 years old) who was ordered by the carter in the car page of “D” located in the Namyang-si, Namyang-si, 17:23 on February 19, 2018, called “D” and called “pon female bom.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records made by victims;

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

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, 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 a competent agency pursuant to Article 43 of the same Act

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.

The reason for sentencing is the car page operated by the disabled.

The victim is the third degree of intellectual disability, and the defendant, while doing his act as stated in its reasoning, speaks that "I will get off the following," and fears.