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(영문) 인천지방법원 2016.01.14 2015고단4382

준강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 12, 2015, at the front parking lot of the Incheon Gyeyang-gu Incheon building, the Defendant discovered the victim D (n'e, 51 years of age) who is under the influence of alcohol, added the victim's fingers into the bee of the victim, and met the part of the victim's chests, and met the victim's chests.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Each legal statement of E and D;

1. The protocol of the police statement of E (the defendant denied the crime, but according to the evidence mentioned above, the witness E made a concrete and consistent statement concerning the circumstances in which the crime was committed from the police investigation stage to the court, and the other false statement was made.

There is no circumstance to consider.

Therefore, the facts constituting the crime in the judgment are found guilty because the court's statement and the police's statement are sufficiently reliable.

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

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act was not restored under the unfavorable circumstances that the defendant did not have any criminal record or any criminal record exceeding the same criminal record or fine shall be considered under the favorable circumstances, and the defendant shall be punished like the order, taking into account the various factors stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sex, and environment, as shown in the records and arguments of this case.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and obligation to submit personal information, 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 competent agency pursuant to Article 43 of

(b).