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(영문) 인천지방법원 2019.06.13 2019고정833
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 13, 2018, at around 01:30, the Defendant, “C” located in Gwanak-gu in Gwanak-gu in Seoul Special Metropolitan City, committed an indecent act by force against the victim, i.e., whether the victim D (name, fel, 19 years old) and a set game.”

Summary of Evidence

1. CCTV video CDs;

1. Statement made by the police in relation to D;

1. The written statement of D (tentative name) (the defendant asserts that there is no indecent act against the victim; however, according to evidence duly adopted and examined by this court, such as CCTV images, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as described in the facts charged in this case. The defendant's assertion is not acceptable). The application of the law of this case

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant 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 defendant is obligated to submit personal information to a competent agency pursuant to Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the Defendant was placed, the effect of preventing sexual crimes subject to registration to be achieved due to such order, the effect of protecting the victims, etc.

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