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(영문) 인천지방법원 2020.01.22 2019고단6706

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

On February 5, 2019, at around 05:25, the Defendant returned to the “C” located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Incheon, and was potteries with the victim D (n, 27 years of age) who is the business owner of the above Franchising and writing. The Defendant, “I would like to have the same franchis. I would like to go to the same hotel. I would like to franchis. I would like to have the victim “I would like to go to the same hotel. I would like to go to the same hotel. I would like to have the victim franchis of the victim, and franchis of the victim under the clothes above, thereby committing an indecent act

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage suffered by the Defendant and the effect of preventing sexual crimes subject to registration, protection of the victim, etc., the Defendant may not issue an disclosure order or notification order to the Defendant 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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.