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(영문) 인천지방법원 2016.11.23 2016고단6221

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

The Defendant is a public official belonging to the Incheon Viewing Health and Welfare Bureau D, and the victim E (the victim E) was a public official belonging to the office, and the global gender was educated from the F located in the Jeonbuk-gun from February 15, 2016.

On July 12, 2016, at around 20:48, the Defendant sought to drink the victim’s arms in front of the H room room, a lodging room of the victim in the Jeonju-gun G, Jeonju-gun, in order to drink the victim’s arms in his/her hands. In order to avoid this, the Defendant would be able to write down the victim’s arm’s body in the above room room room room room room room room number again, and then, she would be able to hold the victim’s arm’s length in his/her hands, and the victim continued to resist with the wall.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to E;

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

Sentencing.