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(영문) 인천지방법원 2018.12.06 2018고단5469
강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 5, 2018, at around 21:25, the Defendant: (a) discovered the victim D (23) (3) who was standing a crosswalk in front of the Incheon Southern-gu, Incheon, with no reason to find out the victim D (23) around the crosswalk; (b) continued the victim who was standing up; (c) while the victim was faced with his/her own hand, he/she saw the victim with his/her her her her mack, and her macks his/her mack with his/her mack, and macks the victim several times under the foregoing.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Child Juveniles [the defendant has no criminal history of the same kind of crime, and in this case, the defendant can expect the effect of preventing recidivism even with the registration of personal information;

In full view of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Supreme Court Decision 201Do16863 Decided February 23, 2012 (see Supreme Court Decision 2011Do163, Feb. 23, 2012)

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Where the crime of this case, which registered personal information of Article 334(1) of the Criminal Procedure Act, becomes final and conclusive as guilty, personal information of the defendant pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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