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(영문) 인천지방법원 2017.02.09 2016고단6220
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 14, 2016, at around 02:06, the Defendant: (a) 14 February 14, 2016, placed the victim D (e.g., 39 years of age) placed prior to the front of the Seo-gu Incheon Seo-gu Incheon apartment site, in mind that he would be forced to commit an indecent act; and (b) laid his hand into the left her tack with his tack, thereby making the said tack.

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

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

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

1. CCTV video CDs [the Defendant denied the crime, but according to the aforementioned evidence, the victim D made a concrete and consistent statement as to the circumstances in which the crime was committed from the police investigation stage to the present court, and the content of the statement is consistent with the contents of CCTV video CDs taken at the time of the instant crime, and was otherwise made a false statement.

There is no circumstance to consider.

Therefore, the facts constituting a crime are found guilty, since the court's statement and each police's statement protocol are sufficiently reliable.

Application of Statutes

1. Article 298 of the Criminal Act of which relevant legal provisions and punishment are chosen for the crimes, 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 fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has no record of the same kind of punishment for the defendant is advantageous to the fact that the defendant has no record of the same punishment, the damage has not been recovered, and the situation of reflectivity from the defendant cannot be found, etc., shall be considered disadvantageously, and the punishment shall be determined as ordered by taking into account the various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, sex, environment, etc., as shown in the records and arguments of this case,

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering personal information and submitting data, etc.

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