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(영문) 인천지방법원 부천지원 2018.04.16 2018고단451
강제추행미수
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 10, 2018, around 16:05, the Defendant read books within the reading room of the second floor of C Library 2 located in Seocheon-si, Seocheon-si, B, and attempted to see the victim’s face after having accessed the victim’s door by forcing the victim to commit an indecent act, and making the victim’s face not resist by hand. However, the Defendant attempted to see the victim’s face, with sound and pushed the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 300 of the Criminal Act and Articles 298 of the Criminal Act and the choice of fines concerning the crime;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The victim was made a great sense of sexual humiliation, aversion, and insult, and was exposed to mental shock.

The injured person is punished for the defendant.

- However, the defendant shows his attitude to reflect by recognizing his mistake.

Family members will also endeavor to prevent recidivism of the defendant.

The results are as follows.

- There is no record of punishment prior to the instant case.

- Having gone to the near.

When a conviction on the crime of forced indecent conduct in the judgment that is a sex offense subject to the registration of personal information 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 obligated to submit personal information to the head of the competent police office pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure or notification order, and the degree of disadvantage the defendant suffers.

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