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(영문) 인천지방법원 부천지원 2015.12.02 2015고단2783

강제추행

Text

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

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

Reasons

Punishment of the crime

At around 22:00 on August 13, 2015, the Defendant: (a) 3, including the victim D, and 51 years old, she frighted in the next side while drinking alcohol; (b) she frighted in the victim’s inner part; (c) taken a hand toward the victim’s inner part; and (d) she frighted the chest on one time to commit indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant did not reach an agreement with the victim is an unfavorable circumstance.

However, considering the fact that the defendant has no criminal record for the same kind of crime, the fact that the defendant led to the crime of this case and shows his misunderstandings, and the circumstances of Article 51 of the Criminal Act, the punishment as the order shall be determined.

When a conviction on a crime of indecent act by compulsion in the judgment that is a sex offense subject to registration of personal information becomes final and conclusive, 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

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., it is determined that there are special circumstances where the disclosure of personal information should not be disclosed or notified. Thus, Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes