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(영문) 인천지방법원 2017.04.13 2016고단7963

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 24, 2016, at around 01:36, the Defendant discovered the victim E (n, 29 years of age) who was frighted on the street in front of the “D cafeteria” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The Defendant committed an indecent act against the victim by having the victim fright upper half of the victim’s right frame and the part of the fright side of the victim by blocking the victim.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine and the choice of a fine (in short of the quality of the crime, and no agreement has been reached with the victim, taking into account the fact that there is no other criminal record, other than once a fine for this type has been imposed, and that there is

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. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes 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

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, in accordance with Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant may be ordered to disclose or notify to the public.