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(영문) 인천지방법원 부천지원 2015.02.16 2015고단119
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 5, 2015, at around 03:50, the Defendant: (a) reported that the victim D (the victim was 18 years of age) walked from the corridor located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si B underground camash; and (b) committed an indecent act by the victim’s left hand by tacking the victim’s right her part once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall not be ordered to disclose or notify personal information 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. Thus, the Defendant shall not be ordered to disclose or notify the information.

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