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(영문) 인천지방법원 부천지원 2018.02.07 2017고단3003

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is a guest who has come to B't and the victim C (the age of 31) is a worker who works in B't.

On October 5, 2017, around 03:30 on the second floor of Kimpo-si D, the Defendant committed an indecent act, such as, on the second floor of Kimpo-si, the Defendant reported the victim, who is adjacent to the s theme, and feel sexual humiliation, against his/her will, by taking the victim’s neck against his/her will, and her female, boomed him/her into the left buck.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The Defendant was under the influence of alcohol without being able to do so at the time of the lapse of the period of suspension of execution. - The Defendant experienced a great sexual humiliation, insult, and aversion of the victim.

- The injured is not punishable against the accused.

Although the statement was made, it does not seem that the defendant was sentenced to death.

- The defendant shows his attitude to reflect by recognizing his mistake.

- contingent, and the degree of conduct is not serious.

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 age, occupation, risk of recidivism, and type, motive, and motive of the crime of this case, of the defendant exempted from disclosure or notification order.