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(영문) 인천지방법원 부천지원 2018.02.07 2017고단3048

강제추행

Text

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

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

Reasons

Punishment of the crime

On August 23, 2017, the Defendant is able to sleep at C cafeteria located in Kimpo-si B around 06:15 on August 23, 2017.

On the other hand, the victim, who was required to return home from the victim D (n, 45 years of age) who is an employee, and the victim, expressed the victim and her desire to do so, and made a forced indecent act by her son and so forth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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 indecent act of this case led to a great sense of sexual humiliation, aversion, and insult.

- The victim did not go to death and did not receive a letter.

- The court found his mistake late later in this Court.

However, in light of the legal statement attitude and attitude, it is doubtful whether the mistake is seriously against it.

- It seems that it was contingent, and the degree of conduct is not serious.

- There are no criminal records of the same kind.

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 is the degree and expected side effects of the disadvantage of the defendant.