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(영문) 인천지방법원 2017.01.18 2016고단7961
강제추행
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who works as an employee at the cel located in Bupyeong-gu Incheon Metropolitan City.

On August 15, 2016, around 06:25, the Defendant forced the victim to commit an indecent act by inserting the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to 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 shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The responsibility for committing a crime against the victim who is a customer is more severe.

The victim seems to have suffered a big mental pain and sexual humiliation due to the crime of this case committed in the accommodation room, which is a space to be peaceful.

(b).

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