beta
(영문) 인천지방법원 2016.02.24 2015고단7997

강제추행

Text

Defendant shall be punished by a fine of two 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

around 22:40 on October 9, 2015, at the defendant's house of 103 Do 4501, Nam-gu, Incheon Metropolitan City B building No. 103 2, and 4501, the defendant was able to sit in a show of the victim's knee and knee, and knee and kne of the victim, kne and kne of the victim, kne and kne of the victim, knife the victim's face, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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.

Reasons for sentencing

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

2. The Defendant’s indecent act of committing an indecent act against a victim under his/her age, which he/she had been accommodated in his/her house, is not against the criminal liability, but the Defendant, who has no power, recognized the crime as the first offender with no power.