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(영문) 인천지방법원 2013.11.14 2013고단5920

준강제추행

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 3, 2013, at the main point of “D” located in Bupyeong-gu Incheon Metropolitan City, around 04:10 on August 3, 2013, the Defendant discovered the victim E (ma, 20 years of age), the victim’s male-gu F, the victim’s family-friendly G, the Defendant’s relative G, and the Defendant’s relative H, and found that the victim was diving F’s knee in the bee and kne, the Defendant had the mind to commit an indecent act against the female, and the chest and the feass were kneed to the female.

Accordingly, the defendant committed an indecent act against his female by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (including theF statement);

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation and CCTV security);

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (such consideration as agreed with the victim, reflective points, and initial charges);

1. Articles 70 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 becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused 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 is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 4

In light of the Defendant’s age, occupation, risk of repeating a crime, disclosure order or notification order, anticipated side effects of the Defendant’s entry, prevention effect of sexual crimes subject to registration, effect of protecting the victims, etc., the disclosure order or notification order shall be given to the Defendant, given that there are special circumstances that may not disclose or 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.