(영문) 인천지방법원 2015.12.03 2015고단5845

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(영문) 인천지방법원 2015.12.03 2015고단5845

강제추행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 8, 2015, the Defendant: (a) committed indecent act by compulsion on the street in front of the Nam-gu Incheon Metropolitan City Officetel; (b) the victim D (in female, 25 years of age) with his arms; (c) the victim D voluntarily knife the parts of the said D; (d) the victim E (in female, 25 years of age) who continued to be on the side, was hick up with his own hand; and (e) the victim E (the victim E (the victim 25 years of age) who was on the back, was hick up with her own hand, and her breast by hand.

2. The Defendant assaulted the victims, at the above time and place, by resisting the victims of the above indecent act and making a report to the police, on the ground that the victims resisted the above acts of indecent act by force, and walking the parts of the above D by hand, and continuously flobing the shoulder part of the above E by hand, and walking the parts of the knebbbbbbbbbbbbbs with the kne and walking the kne by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of fines for the crimes in question;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime and reflects the crime, that the defendant deposited 1.5 million won per victim for the recovery of damage, that the defendant did not have any criminal record in addition to the one-time fine due to drunk driving, and that there is no record of punishment other than the one-time fine due to the record and pleading of this case, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct

Where a conviction becomes final and conclusive on the criminal facts on the judgment that are subject to registration and submission of personal information, the accused shall be punished for sexual crimes.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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