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(영문) 인천지방법원 부천지원 2014.01.08 2013고단2956

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 28, 2013, around 22:01, the Defendant committed an indecent act by force on the part of the victim C(M, 27 years of age) who was making a telephone conversation at the Ocheon-gu B lending parking lot. The Defendant committed an indecent act by force on the part of the victim C(M, 27 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on internal reports (CCTV investigation, confirmation of suspect);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 becomes final and conclusive on the crime subject to the registration of personal information under Article 334 (1) of the Criminal Procedure Act, the accused is 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 the same Act;

In light of the motive and background of the instant crime exempted from disclosure and notification order, severity of the crime, age of the Defendant, disclosure and notification order, the degree of disadvantage for the Defendant to be admitted, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victims, etc., in light of the overall consideration of the motive and circumstance of the instant crime, the degree of disadvantage for the Defendant to be admitted, the disclosure and notification order, and the effect of the protection of the victims, etc., it is deemed that there are special circumstances where the disclosure and notification of personal information shall not be made. Thus, an order to disclose and notify the Defendant shall not be issued pursuant to Articles 47(1) and