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(영문) 인천지방법원 2017.04.13 2015고단3653
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

On May 2, 2015, the Defendant, around 14:40 on May 2, 2015, committed an indecent act against the victim D (V, 18 years of age) who was a part-time employee of a drinking farm in Jung-gu Incheon, Jung-gu, Incheon, with drinking beverages around the place of a drinking event in the food store in Jung-gu, Incheon, by drinking the beverages, and forced the victim to wear them one time on the left side of the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Where a conviction on the facts constituting a sexual assault crime subject to registration becomes final and conclusive 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 the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, possibility of repeating a crime, details and motive of the crime, seriousness of the crime, anticipated side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of the sexual crime subject to registration to be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances that may not disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Therefore, disclosure order or notification order is not an order.

Whether to impose an order to complete a program or not is a foreigner who has been staying in Korea for three days at the time of the crime and has no ability to communicate in Korean. Therefore, even if the defendant's personal injury is subsequently secured, it is difficult to

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not impose orders to complete programs in accordance with the proviso of Article 16(2).

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