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(영문) 인천지방법원 2014.01.07 2013고단6362
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 07:30 on September 9, 2013, the Defendant discovered that the victim E (here, 30 years of age) was deep diving in the Drata located in Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu C8, and that the victim was able to do so by using crebs in which the victim was locked, making twice the victim’s chest part of his chest with his hand, and the victim was able to do so once by using crebs in which the victim was locked, making a indecent act by force, using the victim’s failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV inspection containing a suspect's form of crime);

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (including the fact that the person has agreed with the victim smoothly, the person has no same criminal record and only one time of fine, etc.);

1. Articles 70 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. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused 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 is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved by the Defendant’s entrance, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information pursuant to Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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