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(영문) 인천지방법원 2017.08.09 2017고단1043
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a customer of D who works for the victim C (24 years, women).

On December 25, 2016, around 11:20 on December 25, 2016, the Defendant committed an indecent act by force against the victim, who works in the Namdong-gu Incheon Metropolitan City E, 1st floor D, by “Ye Dong-dong,” and “Yeae-dong, Ige-dong,” and “Ne-si, Ige-si, Ige-do, Ige-do, Ige-do, Ige-do, Ige-

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. On-site CCTV CDs (the defendant and his/her defense counsel may have a physical contact during the extension of the defendant's cell phone to bring about a mobile phone, but there was no intention to do so;

The argument is asserted.

The victim C made a concrete statement at the time of the crime in the investigative agency and this court, and there is no doubt that the statement is false.

As a result of the examination of evidence, the defendant was judged to have caused the victim's bodily injury intentionally.

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.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse, taking into account the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of the crime, the effectiveness of preventing sexual crimes that can be achieved by an order to disclose information, disadvantage of the Defendant, etc.

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