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(영문) 인천지방법원 2016.10.12 2016고단3824
준강제추행
Text

Defendant shall be punished by a fine of three 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 and the victim C (one, half, and twenty years of age) are students attending the same university. From March 11, 2016 to March 12, 2016, the Defendant and the victim participated in the F Twit Group MT conducted from the E Camp located in Pyeongtaek-gun, Gyeonggi-do from March 11, 2016 to March 12, 2016.

At around 06:00 on March 12, 2016, the Defendant discovered the victim who had drinking alcohol and locked in the above Eccp room, and took part in the victim’s chest by drinking alcohol and by enjoying the victim’s mind of indecent act by force.

Accordingly, the defendant committed an indecent act on the part of the victim who was unable to resist due to sleep.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) 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 of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration 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 is obligated to submit personal information to a related agency pursuant

In order to exempt a defendant from an order to disclose personal information, taking into account 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 and notify 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

The reason for sentencing is that it is not easy for the accused to resist due to the fact that the accused commits an indecent act against the victim.

However, the defendant is a non-powerd first offender.

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