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(영문) 인천지방법원 2016.12.12 2016고단7173
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

On July 20, 2016, at around 03:21, the Defendant, at the main point of “C” located in Busan Shipping Daegu, performed drinking as a customer, committed an indecent act by force against the victim D (one person, two-five years of age) who was an employee of the Defendant while drinking as a customer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act and Article 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

Reasons for sentencing

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

2. The type of the instant crime is not good and has not been recovered from damage: Provided, That the Defendant is recognized to commit the instant crime, and the Defendant is sentenced to a fine such as the order, taking into account the fact that only one-time penalty has been imposed on the Defendant.

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