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(영문) 인천지방법원 2018.10.17 2018고단5048

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

On June 10, 2018, at the C coffee shop located on the fourth floor of building B in Nam-gu Incheon Metropolitan City around 08:23, 2018, the Defendant is liable to pay the amount of fine to the victim D (names, s, s, 37 years old) who was sitting in the said coffee shop and laid down as a seat within the said coffee shop.

“In the course of taking the body and the condition into account, the victim was forced to commit an indecent act on the part of the victim, with the inner part of the victim’s sexual organ, in which the victim was suffering, by inserting his hand into the inner part of the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children Exempt from an employment restriction order;

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify the accused, in full view of the Defendant’s age, occupation, risk of recidivism, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is the result of the order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

The reason for sentencing is to approach the gap that the male-friendly body of the victim does not have to keep the victim.