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(영문) 인천지방법원 2017.11.22 2017고단5360
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim are not known to each other.

On May 21, 2017, at around 17:25, the Defendant: (a) discovered the victim D (at the age of 21) who fright like male-gu, Bupyeong-gu, Incheon; (b) attempted to commit an indecent act against the victim; and (c) committed an indecent act by force against the victim, as the left part of knift, as knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

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. Article 334(1) of the Criminal Procedure Act provides that the accused and his/her defense counsel did not commit an indecent act against the victim. However, although the accused and his/her defense counsel asserted that they did not commit an indecent act against the victim, the victim specifically stated circumstances before and after the crime committed in the investigative agency and court, including the background of the crime and the circumstances in which the accused was designated as the offender. There

As a result of the examination of evidence, the defendant was judged to have caused the victim's bodily injury intentionally.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of new information, 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 the relevant agency pursuant to Article 43 of the same

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account the Defendant’s age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that may be achieved by the disclosure order, disadvantage of the Defendant, etc.

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