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(영문) 인천지방법원 2017.12.13 2017고단7017
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 19, 2017, at around 22:00, the Defendant committed an indecent act against the victim E (the age of 25) who is waiting for the bus by approaching the bus at the front bus stops in Gyeyang-gu Incheon, and by opening out the finger to the right string of the bus, as the Defendant is rhym and rhym to the left string of the bus.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the statutes on field pictures to the scene where the crime of this case occurred

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his/her defense counsel] asserts that although the defendant was under the influence of alcohol at the time, the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant committed an indecent act against the victim. However, the victim specifically stated in the investigative agency and court about the appearance of crime and the circumstances before and after the defendant, including the circumstance where the defendant was identified as the offender, etc. There is no doubt that the statement is false, and the victim's statement at the time and at the same time F is supported by the victim's statement.

As a result of the examination of evidence, the defendant committed an indecent act against the victim by means of deceiving the victim's body, such as facts constituting an offense.

[Determination]

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of new information, 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 relevant agency pursuant to Article 43 of the same

The defendant's age, occupation, risk of recidivism, and crime is committed by issuing an order to disclose personal information.

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