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(영문) 인천지방법원 2020.11.26 2020고단9480
강제추행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 19:30 on October 9, 2019, the Defendant: (a) reported that the victim C (n'e, 18 years of age) spaw from the party room next to that of the Seo-gu Incheon Metropolitan City; and (b) told the victim to know spawn; and (c) spawned the victim’s left hand to the victim’s right hand, spawn the victim’s right hand into the victim’s right hand, spawn between the victim’s right hand, and forced the victim to commit indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. The application of C’s written statement of the police investigation report (No. 10) to the statute

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a fine (including the fact that a person misleads himself/herself, and the fact that he/she has no record of punishment for the same crime);

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. Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to the competent agency pursuant to

Considering the age of a defendant exempted from disclosure and notification order, risk of recidivism, motive and background of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved thereby, and the protection effect of the victim, etc., the personal information of the defendant shall not be disclosed or notified.

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