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(영문) 인천지방법원 부천지원 2020.02.19 2019고단2714

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On May 2, 2019, at around 00:30 on May 2, 2019, the Defendant committed an indecent act by force against the victim D (AW), who was returning home on the front of the C convenience point in Bupyeong-si B, 18 years of age, “a string a stringr, drinking, drinking, drinking, drinking, and drinking to the convenience store,” while pursuing the victim’s hand toward the convenience store.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Part of the prosecutor's protocol of examination of the defendant

1. Application of the police statement law to D;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448

1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects

1. Determination as to the assertion of the defendant and defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act to bear litigation costs

1. It is impossible to commit an indecent act as indicated in the summary of the argument, and there is no defendant's intention concerning an indecent act.

2. Determination

A. “Indecent act” means an act that causes sexual humiliation or aversion to the general public objectively and goes against good sexual morality, thereby infringing on the victim’s sexual freedom.