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(영문) 인천지방법원 2015.11.04 2015고단5074

강제추행

Text

Defendant shall be punished by a fine of five 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

At around 23:10 on August 10, 2015, the Defendant committed an indecent act by force against the victim F (nivers, 20 years of age) in front of the Ethm in Yeonsu-gu Incheon Metropolitan City D, with the victim F (nivers, 20 years of age) with his/her son's son.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement to F and G;

1. Article 298 of the Criminal Act and Article 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

The punishment of this case is not relatively more severe, and the defendant recognizes the crime and agrees with the victim, etc., and the victim does not want the punishment of the defendant is selected in consideration of the fact that the victim does not want the punishment of the defendant.

However, in 209 and 2011, the defendant committed a second offense even though he had the record of being punished as an indecent act of the same kind in the calculation of the amount of fine.