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(영문) 인천지방법원 부천지원 2015.08.19 2015고단1561

강제추행

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

At around 15:30 on May 3, 2015, the Defendant: (a) told the victim C (here, 39 years of age) who was under his/her book to drink alcohol; (b) told the victim C (here, 39 years of age) who was under his/her book to force indecent act by force; and (c) provided that “I wish to be aware of whether a female is a male or female; and (d) prevented the victim from provokinging him/her, such as the victim himself/herself, from leaving him/herself, and committed an indecent act against him/her.

Summary of Evidence

1. The defendant's legal statement (on the second date);

1. Application of the police protocol of statement C to the Acts and subordinate statutes

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the accused has led to the confession of the crime of this case and appears to repent his mistake; (b) the accused has no record of punishment for the same crime; (c) the accused has reached an agreement with the victim only smoothly; and (d) the circumstances under Article 51 of the Criminal Act have been taken into account

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 a

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, 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 effect of protecting the victims, etc., the special circumstances that may not disclose and notify the personal information.