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(영문) 인천지방법원 2021.02.24 2020고단9479
강제추행
Text

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

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

On October 26, 2019, around 04:20 on October 26, 2019, the Defendant forced the victim to commit a indecent act by bucking the victim's bucks in the ‘C' club located in Yongsan-gu Seoul Metropolitan Government, after the victim D (n, 23 years of age) who was danced, and her bucks in his/her hand, while the victim was forced by her bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso (amended by Act No. 16622, Nov. 26, 201) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the characteristics of the act, characteristics of the crime; the characteristics of the act; the disclosure or notification order; the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the act; and (ii) the preventive effects of the sexual crime subject to registration, and the effects of protecting the victim

1. As to the crime committed in the judgment below, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3 proviso of the Welfare of Persons with Disabilities Act (i.e., the record of the crime, the content and motive of the crime, the method and consequence of the crime, the risk of recidivism, the risk of recidivism by the order of employment restriction, and the preventive effect of the sex crime that the defendant was admitted due to the order, etc., are not restricted to the employment of the defendant).

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