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(영문) 인천지방법원 2017.02.08 2016고단8871

강제추행

Text

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

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

Reasons

Punishment of the crime

On September 26, 2016, around 19:10 on September 26, 2016, the Defendant: (a) discovered the victim E (n, 42 years of age) who had loaded goods on the bulletin board installed on the above road in Bupyeong-gu Incheon Metropolitan City “D” located on the street; (b) tried to detect the victim E (n, 42 years of age) and forced to commit an indecent act; and (c) led the victim to the victim’s her hand, his her her

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes concerning a CCTV image closure photograph;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of 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 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 shall be issued to the defendant.

The reason for sentencing is that the defendant is not less vulnerable to the indecent act against the victim of the site in case of his life in the old, but the defendant's wrong recognition and reflects the defendant's wrong and the defendant has no power to do so, and the defendant is sentenced to the fine like the order.