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(영문) 인천지방법원 2016.08.17 2016고단3575
준강제추행
Text

Defendant shall be punished by a fine of four 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

At around 06:00 on May 8, 2016, the Defendant: (a) was able to use the Defendant’s spawn on the fourth floor of the building D, and (b) was able to use the Defendant’s spawn while drinking together with the Defendant’s female-friendly Gu and his her her son E (V, 25 years of age) who was under the influence of alcohol, and used the Defendant’s spawn with the Defendant’s spawn with the mind of committing an indecent act against the Defendant; and (c) was able to gather the Defendant’s spawn with the Defendant’s spawn.

Accordingly, the defendant committed an indecent act against the victim in a state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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.

In light of 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 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 shall be issued to the defendant.

Reasons for sentencing

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

2. Although the nature of the defendant's indecent act against the victim in his or her dwelling place is not that of the victim, the defendant.

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