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(영문) 인천지방법원 2021.01.14 2020고정1632
준강제추행
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 June 1, 2020, at around 03:07, the Defendant accumulated in the victim D (son, 20 years of age) in the victim D's wall room located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and then lockedly, the Defendant met the victim's bucks and the half of the buckbucks and the bucks of the victim who dump dump dump, who dump dump dump and dump dump dump dump dump, and committed an indecent act by force the victim's sexual organ.

Summary of Evidence

1. Application of the witness D’s statutory statement legislation;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense, Article 298 of the Criminal Act chosen to punish a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the Defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the above order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances that may not disclose or notify the Defendant’s personal information, or restrict employment.

Since it is determined, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso of the former Act on the Protection of Juveniles from Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso of the former Act on the Protection of Juveniles from Sexual Abuse (Amended by Act No. 17282, May 19, 2020); and Article 50(1) proviso of the former Act on the Protection of Juveniles from Sexual Abuse.

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