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(영문) 인천지방법원 2016.07.14 2016고단714
준강제추행
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On February 14, 2016, at around 03:54, the Defendant: (a) reported the victim E (at the age of 21) who was divingd in the third floor water surface room of the Nam-gu Incheon Metropolitan City, and tried to commit an indecent act against the victim; and (b) included the victim in the water surface cover, and limited the part and the part of the victim’s ship.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports, CCTV CD-1-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act concerning the selection of punishment (a quasi-indecent act committed) and the selection of a fine (a first-indecent act committed, and 3 million won shall be paid to the victim after the institution of a public prosecution, and an agreement is reached between the victim and the victim shall be taken into account, such as the fact that the victim

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

However, in light of the Defendant’s age, occupation, risk of repeating a crime, contents and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage and anticipated side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, the disclosure order and notification order shall not be pronounced against the defendant.

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