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(영문) 인천지방법원 2017.11.08 2017고단5359

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the first time between the victim C (n, 23 years of age) and the victim.

On March 3, 2017, around 14:43, the Defendant: (a) laid the victim and the elevator on the first floor of the Bupyeong-gu Incheon Bupyeong-gu D building, Bupyeong-gu, Incheon; (b) was divided into the victim’s chest part by hand and committed an indecent act by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A report on internal investigation (the confirmation of CCTV in a building and the specification of the person suspected of being suspected of committing an indecent act by the defendant and his defense counsel) . Although the defendant alleged that there was no indecent act against the victim, the victim made a concrete statement in the investigative agency and court about the type of crime and the circumstances before and after the crime, and there is no doubt

As a result of the examination of evidence, the defendant was judged to have caused the victim's bodily injury intentionally.

Application of Statutes

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. There are special circumstances in which a defendant cannot be ordered to complete a program under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in light of the fact that the defendant is aged and is undergoing a hearing impairment;

Since it is recognized, no order to complete the program is imposed.

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.

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, effectiveness of the sexual crime that can be achieved by the disclosure notification order, and disadvantage of the defendant.