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(영문) 인천지방법원 2020.05.15 2019고정2285
강제추행
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

At around 12:00 on April 23, 2018, the Defendant: (a) reported the victim D (n, 43 years of age) who was fluorcated from the “C” restaurant cafeteria B, Nam-gu, Incheon, Seoul; and (b) caused the victim’s brut with his her brut with his her brut with his brut as if he were brut with his brut on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning the adjustment of field CCTV photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43

In addition, considering the defendant's age, occupation, risk of recidivism, details and circumstances of the crime, the seriousness of the crime, the seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure notification order and employment restriction order, the prevention of sexual crimes subject to registration which can be achieved, and the effect of protecting the victim, it is judged that there are special circumstances that the defendant should not disclose or notify personal information to the public or restrict employment.

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) proviso and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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