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(영문) 인천지방법원 2014.05.28 2014고단2167

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 11, 2014, the Defendant discovered the victim E (n, 19 years of age) who is an employee at the “D” restaurant located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and attempted to force indecent acts by compulsion. The Defendant her by compulsiond the victim, who was ice on the customer table, was fright to the Defendant’s hand, who was ice on the customer table, she was frighted to the Defendant’s hand, and then she was frightd to the victim’s hump with the Defendant’s hand, and she was frightd to the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (telTV image data attachment);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 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 of a defendant against a sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in 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 related agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.