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(영문) 인천지방법원 2016.07.20 2016고단3474
강제추행
Text

Defendant shall be punished by a fine of 2.5 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

피고인은 2016. 4. 17. 20:25 경 인천 부평구 B, 1 층 ‘C 식당 ’에서 식사를 하던 중 피고인의 뒤에 앉아 있던 피해자 D( 여, 20세 )를 보고 강제 추행하기로 마음먹고 손바닥으로 피해자의 엉덩이를 만지고, 피해자가 항의하자 멈췄다가 약 6분 후에 다시 손바닥으로 피해자의 엉덩이를 만져 피해자를 강제 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to 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. 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 defendant's repeated indecent act is unfortunately committed against the victim of a site under the influence of alcohol, the punishment is similar to the disposition in consideration of the defendant's acknowledgement of the crime, reflects against the defendant, and has no same power.

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