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(영문) 인천지방법원 2015.09.10 2015고단3371

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 13, 2015, at around 22:00, the Defendant committed an indecent act against the victim C (nick, 36 years of age) by force, such as having her her son turn on three times his her son with her son’s son, in front of the building in Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act regarding criminal facts, the choice of fines (including the fact that the accused is aware of and reflects on the crime, and that the accused has no criminal record or penalty power exceeding the same criminal record or fine);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 a competent agency pursuant

However, in light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances where the disclosure of personal information may not be disclosed or notified.