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(영문) 인천지방법원 2013.12.12 2013고단6023

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 20, 2013, the Defendant completed meals at “D” collection in Seo-gu Incheon, Seo-gu, Incheon, and attempted to calculate in the carter. On September 20, 2013, the Defendant: (a) discovered the victim E (here, 42 years of age) located therein; (b) attempted to force the female by force; (c) had the female’s own left hand to use the female from her m, etc. to her her m, etc.; and (d) committed indecent acts by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on editing photographs;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment (including the reflection of the sentence, the agreement with the victim, and the primary charge);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment on exemption from the registration, disclosure, or notification order of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to Article 4

However, considering the content of the crime subject to registration, the penalty power, and the risk of recidivism, the content and motive of the crime, the anticipated side effects of the defendant's sufferings due to the disclosure order or notification order, the prevention effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting victims, etc., it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified. Thus, no order to disclose or notify personal information is issued