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(영문) 인천지방법원 부천지원 2018.02.28 2018고단80
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

The defendant is a relationship between the victim C (n, 27 years of age) and the victim C.

On September 13, 2017, at around 23:45, the Defendant committed an indecent act by force, such as: (a) reporting the victim who was walking on the street in the front of the “E church” located in Yeongdeungpo-gu Seoul Metropolitan Government, with a view to forcing the victim to commit an indecent act; (b) coercing the victim to be unable to resist by going beyond the ground floor; and (c) holding the victim’s hand over with the inner panty line; and (d) raising the victim’s hand on the top of the panty line and drinking the chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to damaged photographs, etc.;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The degree of the indecent act in this case is valuable.

- The victim, who was sexually imprisoned by a person who may know about the path at night, was sexual humiliation, aversion, and insult, along with the strong fear of fear.

Mental impulse seems to be difficult to recover easily.

- However, the defendant is a first offender with no criminal history, and is seriously against his or her own mistake.

- It seems to have been contingent.

- Agreed with the victim.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 head of the competent police office pursuant to Article

An order of disclosure or exemption from notification.

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