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(영문) 인천지방법원 2018.08.31 2018고정1813

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 23, 2017, at around 23:00, the Defendant, along with four employees of the company, including the victim D (n, 24 years of age) in Gyeyang-gu, and singing and playing together with four members of the company, and brought the victim into the victim by hand from the next side of the party who suffered from the victim, and brought the victim's chest into several times by hand.

Accordingly, the victim 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. A copy of each witness's written statement of E and F;

1. Investigation report (Correction of a statement made by a wooden person);

1. Application of Acts and subordinate statutes to photographs singing in the case

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. If a conviction on a sex crime subject to registration becomes final and conclusive in regard to the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same

It can be effective to prevent recidivism only by issuing orders to disclose or notify information, orders to exempt the Defendant from employment restriction orders, orders to complete a program, and registration of personal information.

In full view of the facts such as the Defendant’s age, sex offense, the fact that the instant crime is not an offense against many unspecified women, the prevention of a sex offense expected by an order of disclosure, notification and employment restriction, the effect of the protection of victims, and the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage, there are special circumstances in which disclosure of the Defendant’s personal information should not be notified, and the restriction on employment should not be ordered.

That is to be determined.