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(영문) 인천지방법원 2016.08.11 2016고단3271
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 20, 2016, at around 04:00, the Defendant discovered the Victim F (F) who walked from the taxi in front of the “E Points” located in the Southern-gu Incheon Metropolitan City, to the direction of the runway, and took approximately 100 meters away from the opposite alleyway so that the victim does not see the Defendant, the Defendant her she went to the victim to commit an indecent act.

At around 04:02 on the same day, the Defendant used the victim in front of the Nam-gu Incheon Metropolitan City G, and met the left chest of the victim several times with his left fingers, and the part of the victim's right tacks several times with his hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a investigative report (limited to the closure of a screen of the indecent act committed by the person exposed toCCTV);

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is not sufficient to have committed an indecent act by force at the victim’s location. However, the defendant appears to have accepted and reflected an offense, the injured party does not want the punishment of the defendant by agreement with the injured party, and the first offender is determined as ordered.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, the accused 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 the competent agency pursuant to Article 43 of the same Act.

Provided, That the defendant's age, occupation, risk of recidivism, content and motive of the crime, and method of the crime.

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