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(영문) 인천지방법원 2016.09.28 2016고단3734

강제추행

Text

Defendant shall be punished by a fine of 2.5 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On June 6, 2016, around 14:50 on June 14, 2016, the Defendant walked “D” front of the Jung-gu Incheon Metropolitan Commercial Building 61, and discovered the victim E (bee 22 years of age) in the same place, took the mind that the victim would be forced to commit an indecent act against the victim, and made the victim Dac with his hand only one time, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under 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 related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

For the reason of sentencing, the attitude of the indecent act in this case is relatively weak, and the defendant recognizes and reflects the crime, and the defendant has no power in the same kind, the sentence of fine like the order shall be imposed.