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(영문) 인천지방법원 부천지원 2017.07.19 2017고단1005
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 9, 2017, around 01:55, the Defendant: (a) reported the victim E (20 h, female) who was travelling along the street in front of the D Building in Bupyeong-gu Seoul Special Metropolitan City on March 9, 2017; and (b) committed an indecent act by force against the victim by using both arms, following the victim’s desire to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the 112 Report List, photographs at the scene of the crime, and the Acts and subordinate statutes on the face of the crime;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and seriously reflects the Defendant’s mistake.

It seems to be a contingent crime.

There is no record of the same crime.

The victim agreed to pay the agreed amount to the victim.

However, the defendant was under way at night.

Indecent conduct against the victim at all, the victim was able to receive a large mental impulse, and frighten and insult.

In addition, the punishment shall be determined by comprehensively considering the degree of indecent conduct, age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc. of the defendant, and the conditions of the sentencing as shown in the records, such as the circumstances after the crime.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 the head of the competent police office pursuant to Article

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree and expected side effects of the disadvantage the defendant suffers, the prevention of sex crimes subject to registration and the protection of the victim.

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