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(영문) 인천지방법원 부천지원 2014.10.15 2014고단1658

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. At around 14:00 on April 10, 2014, the Defendant committed an indecent act against the victim’s will by holding the victim’s left side hump and left humbucks, seated in the shock c and the office of a member of the National Assembly of Korea on the 5th floor of Seocheon-si, Seocheon-gu, Seocheon-si.

2. On April 25, 2014, at around 10:30 on April 25, 2014, the Defendant committed an indecent act on the part of the Defendant by coercioning the victim’s chest by bringing the victim to a National Assembly member room in the above office, and flaving, flading, and ginging

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute on witness F, G, H and I’s respective legal statements;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order is deemed to be a special circumstance that may not disclose and notify personal information 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.