logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.01.21 2020고정2139
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 July 29, 2020, the Defendant joined a club located in Bupyeong-gu Incheon Metropolitan City around 01:00 with the victim B (nick, 48 years of age) in order to drink alcoholic beverages at the same time, and opened the club out of the above main shop with the victim, and on the same day, from around 01:24, the Defendant 01:24 on the same day, the Defendant saw the victim “frightd with fright, fright,” and frightened the victim in the front of the Bupyeong-gu Incheon Metropolitan City House C.

”라고 말하면서 갑자기 왼손으로 피해자의 목을 감싼 다음 피해자에게 입을 맞추려 하고 이를 거부하는 피해자를 끌어안은 뒤 혀로 피해자의 오른쪽 뺨을 핥았다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Application of the law of the police statement protocol to the defendant's legal statement B;

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, 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 [the distorted sexual impulse of the defendant revealed through the crime of this case is expected to be significantly improved by the execution of the principal and incidental disposition imposed on the defendant, and the attitude of the crime of this case and relation with the victim, etc., there is a habit of sexual assault against many unspecified victims against the defendant, considering the shape of the crime of this case and relation with the victim, etc.

In addition, it is difficult to conclude the defendant's age, occupation, social relation, details and result of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be incurred by the defendant, and the order shall be achieved.

arrow