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(영문) 인천지방법원 2015.04.15 2014고단8170

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 25, 2014, at around 04:02, the Defendant committed an indecent act against the victim E (the age of 26) who sited in the table C and the first underground floor of the Namdong-gu Incheon Metropolitan City, with the view that the victim E (the age of 26) who drinked in the table to dance, committed an indecent act on the part of the victim by compulsioning the victim’s her hand by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A criminal investigation report (on-siteCCTV filming attachment) and the application of the CD-related Acts and subordinate statutes attached thereto;

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 sexual crime subject to registration becomes final and conclusive with respect to a sex crime subject to the obligation to submit personal information 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process of a crime, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage to the Defendant, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information 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.

Therefore, a disclosure order or notification order is not issued to the defendant.

The reason for sentencing is that the circumstances after the crime are committed are not good.

In addition, even if the defendant recognizes the crime, the victim will be up to the chair.