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(영문) 인천지방법원 부천지원 2014.02.19 2013고단3545
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 12, 2013, around 17:00, the Defendant committed an indecent act by force on the part of the victim, who arranged the table in the D cafeteria operated by the victim C (M, 35 years of age) located in Yacheon-gu, Yacheon-gu, Yacheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as photograph of criminal scene;

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

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 conviction becomes final and conclusive on the crime subject to the registration of personal information under Article 334 (1) of the Criminal Procedure Act, the accused is subject to registration of personal information under 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 competent agency pursuant to Article 43 of the same Act;

In light of the motive and background of the instant crime exempted from disclosure and notification order, severity of the crime, age, occupation, disclosure and notification order of the Defendant, the degree of disadvantage to the Defendant and the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection of the victims, etc., in light of the overall consideration of the aforementioned factors, there are special circumstances where the disclosure and notification of personal information shall not be disclosed or notified. Thus, no order for disclosure and notification shall be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1)

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