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(영문) 인천지방법원 부천지원 2017.01.25 2016고단3237

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates the "C" main point in the vicinity B, and the victim D (the 22 years of age) is an employee of the above main point.

On September 21, 2016, the Defendant: (a) 02:00 on September 21, 2016, at the main point of “F” located in Seocheon-si E; and (b) ever performed drinking with the victim, the Defendant took three times the victim’s right shoulder with her hand; (c) she was able to put the victim’s right shoulder with her arms; (d) she was able to put the victim’s right shoulder with her hand; (e) she was flick on the side of the victim’s bridge where she was suffering from the Defendant’s remaining bank; and (e) she was flickbucked with her hand on the side of the victim’s bridge where she was suffering from the victim’s refusal; and (e) she committed an indecent act by forceing the victim by using two times the bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the Acts and subordinate statutes written in G and H

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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, considering the fact that there is no record of punishing the defendant for the same crime, the fact that the defendant led to the crime of this case and shows his misunderstandings, and the circumstances of Article 51 of the Criminal Act, the punishment as the order shall be determined.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 the head of the competent police office pursuant to Article

The defendant's age, occupation, risk of recidivism, and exemption from disclosure or notification order.