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(영문) 인천지방법원 2016.03.09 2015고단7342
강제추행
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 D(the age of 45) have come to be a guest in the Fnart located in Bupyeong-gu, Incheon, Bupyeong-gu.

On August 22, 2015, the Defendant: (a) around 23:00 on August 22, 2015, the victim, who was considered to have been able to go to the Defendant’s table by referring to a ’defaling’ in the uppermost; (b) the victim’s own hand flicked the victim’s left chest; and (c) committed an indecent act by force by force, by making the part on the part of the ship only once.

Summary of Evidence

1. Legal statements from witnesses D and G;

1. The police statements made to D and G [the victim has made a concrete and consistent statement in investigative agencies and courts about the form of crime and the major circumstances before and after the crime, and there is no reason to suspect that the statement is false.

B. In addition to the fact that the victim, who caused the so-called stalking on the Defendant’s table, appears to have no reason to wait for the Defendant without any justifiable reason, and the victim immediately requested the employees to report the case after the occurrence of the case, criminal facts are proven as evidence to be submitted by the prosecutor.

Application of Statutes

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.

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, prevention and effectiveness of sexual crimes that can be achieved by the disclosure notification order, disadvantage of the defendant, etc. shall be considered.

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