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(영문) 인천지방법원 2016.11.16 2016고단5840

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the customer of the "Djuk" in Bupyeong-gu Incheon, Incheon, and the victim E (V, 48 years of age) is the business owner of the above main point.

At around 23:35 on June 2, 2016, the Defendant: (a) 23:35, when the victim, who had drinking alcohol at the above drinking point, drinked the victim in order to see his/her work in the kitchen; (b) thereafter, she brought the victim into his/her arms; and (c) the victim she resisted the Defendant with his/her hand, such as leaving the Defendant in his/her arms, and leaving the Defendant in his/her hands, and caused her power, thereby making the victim's shoulder down at the right wave towards the sect; and (d) prevented the victim from resisting the sect; and (e) committed an indecent act by force against the victim, such as holding the victim's walk in his/her clothes, leaving the victim's right chest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In order to exempt a defendant from issuing 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, prevention effect of sexual assault that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose 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 shall be issued to the defendant