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(영문) 인천지방법원 2017.11.22 2017고단6919
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 11, 2017, around 00:30 on June 11, 2017, the Defendant decided to join the taxi near the apartment located in Guro-gu Seoul Metropolitan Government, and was on the back seat of the above taxi. Since then, the Defendant was able to put the hand into the part of the victim who was close to the Incheon Highway direction D, Yangcheon-gu Seoul Metropolitan City, and was able to use the hand in the part of the victim, which was close to the above taxi.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes concerning visual closures;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of 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 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.

The reason for sentencing is not that the nature of the crime in light of the form of the instant crime and the degree of indecent act, but that the victim was suffering from mental pain and sexual humiliation due to the instant crime.

I seem to appear.

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