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(영문) 인천지방법원 2018.03.29 2018고정155

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 December 31, 2016, at around 16:00, the Defendant visited the victim E (here, 68 years of age) to purchase the medicinal herbs at No. 172 and 173, Nam-gu Incheon Metropolitan City, Seoul, and used a long part of the victim’s jackets in two times.

In addition, even though he gets his hand into the inner clothes, 4 times the left chest was taken four times, and the victim saw 3 times the right chest and 3 to 4 times the left breast, and 3 to 4 times the victim committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (specific A of the suspected victim), investigation report (specific details of the use of credit cards by the victim), and detailed statement of amounts of use of credit cards;

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. 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 comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.