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(영문) 인천지방법원 부천지원 2017.11.29 2017고단2448

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 August 13, 2016, around 00:25, the Defendant committed an indecent act by force against the victim C (V, 34 years of age) who had smoked at the entrance of the first floor E-1st underground in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, by turning the victim's her her tum with his her her her hand, and by coercioning the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by the police in relation to C and G;

1. Application of H’s written Acts and subordinate statutes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The extent of indecent act is serious that the Defendant was flicking the victim's her turb, who may know at all, with his hand.

- The victim gets a great sense of shame, aversion, and insult.

However, the agreement was reached between the victim and 3.3 million won.

- However, on July 27, 2017, the Defendant committed an indecent act by force against the victim on the same day. At present, the Seoul Southern District Court is currently in trial (Seoul Southern District Court Decision 2017 Madan5143). The circumstances after the crime are very poor.

- There is no record of the same crime before the instant case.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 head of the competent police office pursuant to Article

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order.