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(영문) 인천지방법원 2020.09.10 2020고정1072
강제추행
Text

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

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

Reasons

Punishment of the crime

On December 20, 2019, around 17:25, the Defendant, at around 17:25, performed drinking together with the victim D (inn, 53 years of age) and land E, etc., the Defendant left chest of the victim by his own hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection 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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant

In full view of the following circumstances: (a) the details and methods of the instant crime subject to disclosure and notification order; and (b) the circumstances after the instant crime were committed; (c) the Defendant’s age, occupation, and sexual crime records; (d) the Defendant appears to have the effect of preventing recidivism even with the registration of personal information and orders to complete a program; and (e) other social benefits and effects likely to be achieved by the Defendant due to disclosure and notification order and employment restriction order; and (e) the effectiveness of preventing sexual crimes; and (e) the disclosure and notification order and the anticipated side effects of the Defendant’s personal information; and (e) there are special circumstances where the Defendant’s personal information

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 16622 of the former Act on the Protection of Children and Juveniles against Sexual Abuse is amended.

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