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(영문) 인천지방법원 2017.02.02 2016고단6142

강제추행

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 2016, the Defendant committed an indecent act by force against the victim C (V, 32 years of age) who resides in the Defendant’s side house (V, fel) by moving the said taxi to the Southern Eastdong-gu, Incheon to a taxi operated by the Defendant, and parked the said taxi, and displayed the images of the Defendant’s sexual intercourse with his mobile phone, and by holding the Victim’s knife of knife and sexual intercourse with the Defendant’s sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. The stenographic records of the Incheon Medical Center for the Integration of Victims of Sexual Violence [the defendant denied the crime, but according to the aforementioned evidence, C made a concrete and consistent statement as to the circumstances during which the crime was committed from the police investigation stage to this court, and made a false statement otherwise.

There is no circumstance to consider.

Therefore, the facts constituting the crime in the judgment are found guilty, since it is sufficiently reliable in the stenographic records of the Integrated Support Center for Victims of Sexual Violence ( Incheon Medical Center) containing the legal statement and its statement.

Application of Statutes

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. In light of the fact that there was no recovery of damage caused by the reason for sentencing of Article 334(1) of the Criminal Procedure Act, and that there was no serious reflectivity from the Defendant, etc., the primary offender is considered as favorable circumstances, and the punishment is determined as ordered by considering the various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, sexual behavior, environment, etc., as shown in the records and arguments of this case.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information.