(영문) 인천지방법원 2014.03.27 2013고단7060

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(영문) 인천지방법원 2014.03.27 2013고단7060

준강제추행

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 8, 2013, at around 01:51, the Defendant: (a) reported that the victim E (here, 40 years of age) took a fry by taking soup, which was located in the Namdong-gu Incheon Metropolitan City C, and, (b) took advantage of the fact that she was unable to resist due to her locking, the Defendant met the victim’s chests and fry with her fingers by taking advantage of the fact that she was unable to resist.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of the police statement regarding E;

1. Statement of investigation report (CC-TV verification at a criminal scene);

1. Statement ofCC-TV verification at the scene of crime and the application of video Acts and subordinate statutes;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (including the time of criminal conduct and reflectiveness, and the fact that there is no record of criminal punishment);

1. Articles 70 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 judgment to file for the registration and submission of personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of a competent police agency pursuant to Article

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, it is not ordered to issue an order for disclosure or notification of registered information.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

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