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(영문) 인천지방법원 부천지원 2018.01.24 2017고단2878

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 June 16, 2017, the Defendant committed an indecent act against the victim’s will by forcing the victim D (V, 19 years of age) who walked about a mixed way in front of “C bank located in Seocheon-si B” on June 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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 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 Defendant was under way at night.

An indecent act against a female on the ground that the female is in mind, and the nature of the crime is very bad.

- The victim was made a great fear of fear, aversion, insult, or sexual humiliation, and was shocked.

- The victim was unable to receive a letter from the injured, and the victim was punished for the accused.

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

- It seems to have been contingent.

- Recognizing his mistake, the attitude of reflection is shown.

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 or notification order, and the degree of disadvantage the defendant suffers.