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(영문) 인천지방법원 부천지원 2018.12.19 2018고단2990

강제추행

Text

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

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

Reasons

Punishment of the crime

On April 8, 2018, at around 19:00, the Defendant committed an indecent act by following the victim D (the age of 24) who had drinking with the victim D, E, and C while drinking alcohol together with the victim D, E, and C at the residence of Busan located in Seocheon-si, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on police statements made to D;

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 main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. In full view of the conditions of sentencing as indicated in the records, such as the circumstances and degree of indecent conduct on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the sentencing conditions as indicated in the criminal defendant’s age, occupation, sex, family relationship, and circumstances before and after the criminal act shall be determined as follows.

- The victim committed an indecent act despite his refusal, and the victim saw a large insult, aversion, and shame.

- Prior to the instant case, the Defendant did not have any history of punishment exceeding the same criminal history or fine, and shows an attitude against the Defendant, recognizing his mistake.

- In agreement with the injured party, the injured party shall not be punished for the accused.

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 defendant's 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 is disadvantageous to the defendant.