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(영문) 인천지방법원 2013.11.28 2013고단5247
준강제추행
Text

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

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

Reasons

Punishment of the crime

On July 17, 2013, the Defendant: (a) around 01:30 on July 17, 2013, at the seat next to the victim E (the age of 27) who operated in the vicinity of Kimpo-si, in order to confirm the locked of the victim; (b) in mind to commit an indecent act against the victim; and (c) caused buckbucks by the victim who was locked by hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's condition of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing crimes;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine (not to be light of the nature of a crime, but to reflect it, and to take into account the first offense);

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 judgment of conviction against a defendant on the crime of this case of the registration of personal information of this case under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 obliged to submit personal information to the agency

However, in light of the fact that the defendant has no criminal history of the same kind of crime, it is determined that there is a special reason that the defendant should not disclose personal information. Thus, the disclosure and notification of the defendant's registered personal information pursuant to Articles 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article

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