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(영문) 인천지방법원 2020.01.17 2019고정2242

강제추행

Text

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

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

Reasons

Punishment of the crime

On November 3, 2018, at around 02:52, the Defendant: (a) reported the victim D (27 years of age) who was in the “C” located in the Southern-gu Incheon Metropolitan City, Namdong-gu B, and tried to take meals, and reported the victim D (27 years of age) who was about to take toilets from the table table that the Defendant attempted to go to the above restaurant, and took the victim’s right hand hand by preventing the victim from driving ahead and by his own hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes on the closure of a crime;

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. In full view of the Defendant’s age, character and conduct, environment, family relationship, disclosure and notification of personal information, and anticipated side effects of an employment restriction order under Article 334(1) and Article 334(1) of the Criminal Procedure Act, and the Defendant’s age, character, and conduct, family relation, and the disclosure and notification of personal information, and the prevention of sexual crimes that may be achieved therefrom, it is determined that there are special circumstances that may not disclose and notify personal information or order the employment restriction to a child or juvenile-related institution, etc. pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 2 of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

The crime of this case on the grounds of sentencing is an indecent act committed by the defendant by force by taking the victim's grandchildren on his own, and the victim is sexually committed by the defendant.