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(영문) 인천지방법원 2015.11.04 2015고단4883

준강제추행

Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On April 15, 2015, around 08:00, the Defendant discovered the victim D (the age of 23) who locked within the “C Shona” located in the Namdong-gu Incheon Metropolitan City, and attempted to commit an indecent act, and got out to the victim’s side, and led 5 times the victim’s left spoch chest with the damage.

Accordingly, the Defendant committed an indecent act by force against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Application of Acts and subordinate statutes on the CCTV closure screen;

1. Article 299 of the Criminal Act and Articles 299 and 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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to 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

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. Although it is unfortunate to commit an indecent act by deceiving the chest of a victim who was diving by the defendant, the defendant's recognition of the crime and agreement with the victim are seriously reflected, and the victim is the victim.