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(영문) 인천지방법원 부천지원 2015.12.23 2015고단3089
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 20, 2015, at around 03:00, the Defendant, while working as a water at the CB club located on the 7th floor of Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, as a groporo, had the victim D (tentative name, leisure, 36 years of age) who is an drunk customer with other customers, committed an indecent act by force against the victim, according to the victim’s view on the 4th floor of the above building with the Defendant’s lodging room.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the video Acts and subordinate statutes to a CCTV image closure;

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

1. Articles 70 (1) 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant did not reach an agreement with the victim is an unfavorable circumstance.

However, there is no record that the defendant has been punished for the same crime, the fact that the defendant led to the confession of the crime of this case and shows his mistake, and the circumstances of Article 51 of the Criminal Act are considered, and the punishment as the order shall be determined.

When a conviction on a crime of indecent act by compulsion in the judgment that is a sex offense subject to 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

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information.

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